Understanding What Happens After a Breath Test Refusal and How Reisig Criminal Defense & DWI Law Can Help Protect You
What Is a Breath Test Refusal in New Jersey?
If you’ve been arrested for a DWI (Driving While Intoxicated) in New Jersey and chose not to submit to a breath test, you’ve likely been charged with what’s known as a “Refusal.” Under New Jersey’s implied consent law (N.J.S.A. 39:4-50.2), every driver operating on public roads automatically agrees to provide a breath sample when requested by law enforcement. Refusing to do so is a separate offense—even if you weren’t convicted of DWI.
A refusal charge carries its own set of serious consequences, including license suspension, fines, and the mandatory installation of an ignition interlock device (IID). Understanding how long that device must remain installed and what it means for your daily life is crucial as you prepare your defense.
What Is an Ignition Interlock Device (IID)?
An ignition interlock device is a small, breath-testing mechanism that’s installed directly into your vehicle’s ignition system. Before starting your car, you must blow into the device. If the IID detects alcohol above a preset limit (typically 0.02%), your vehicle will not start.
The purpose of this law is deterrence—it allows drivers to regain limited driving privileges while ensuring they remain sober behind the wheel. However, the device can be both inconvenient and costly, adding to the already stressful experience of dealing with a refusal charge.
When Is an Ignition Interlock Device Required After a Refusal?
In New Jersey, the IID requirement is mandatory following a breath test refusal conviction. The length of time you must have the device installed depends on whether it’s your first, second, or third offense.
Here’s a general breakdown under current state law:
- First Offense Refusal:
Your driver’s license will be suspended for 7 months to 1 year, and you’ll be required to have an ignition interlock device installed for the entire suspension period plus an additional 6 to 12 months after your driving privileges are restored. - Second Offense Refusal:
The suspension increases to 2 years, and the ignition interlock must remain installed for the suspension period plus 1 to 3 additional years afterward. - Third or Subsequent Offense Refusal:
Your license will be suspended for 8 years, and the ignition interlock will stay on your vehicle for the suspension period plus 1 to 3 years once driving privileges are reinstated.
These penalties can vary based on the specifics of your case, prior record, and whether your refusal occurred alongside another DWI offense.
What Happens If You Fail to Install the Ignition Interlock?
Failing to install an ignition interlock device when ordered by the court is considered a serious violation. If you’re caught driving without the device, you may face additional fines, an extended suspension period, or even potential jail time.
Additionally, your vehicle cannot legally be operated until the device is properly installed and monitored by a state-approved provider. The court will require proof of installation, and removal can only occur once the mandated period has ended.
The Financial and Lifestyle Impact
Installing an IID comes with several costs:
- Installation fees typically range from $100 to $200
- Monthly monitoring fees average $75 to $125
- Removal fees once your period ends
These costs add up quickly and can be financially burdensome. Beyond the expense, there’s the daily inconvenience—each time you start your vehicle, you must blow into the device. Random retests may also occur while driving to ensure ongoing sobriety.
While the IID allows limited driving, it also serves as a public reminder of your legal situation—something most clients find emotionally difficult.
How a DWI Defense Attorney Can Help Reduce or Avoid the IID Requirement
Not every refusal case is straightforward. Many drivers are unaware of their rights when asked to take a breath test. Officers are required to clearly explain the consequences of refusal using a standardized statement. If they fail to read this properly, or if the procedure wasn’t handled correctly, your attorney may have grounds to challenge the charge.
At Reisig Criminal Defense & DWI Law, attorney Matthew Reisig and his team have spent nearly 30 years defending DWI and refusal cases across New Jersey. They understand the technicalities of the state’s DWI laws and how procedural errors, faulty breathalyzer devices, or lack of probable cause can dramatically alter the outcome of your case.
By thoroughly reviewing every detail—from the legality of the traffic stop to how the officer explained your rights—Reisig can often build a strong defense aimed at reducing or even dismissing your charges, which can help you avoid the ignition interlock device altogether.
Why Drivers Across New Jersey Trust Reisig Criminal Defense
For almost three decades, Reisig Criminal Defense & DWI Law has been one of New Jersey’s most trusted and successful law firms in DWI and refusal defense. With thousands of cases handled and a deep understanding of municipal court procedures, the firm is known for its strategic, aggressive, and client-focused representation.
When you hire Reisig Criminal Defense, you can expect:
- Personalized attention from an attorney who understands your situation
- Clear communication about your legal options and possible outcomes
- Proven defense strategies to minimize penalties or avoid conviction
- Respected relationships with local judges and prosecutors throughout the state
Take Action Now – Protect Your License and Your Future
If you’ve been charged with breath test refusal in New Jersey, time is critical. The ignition interlock requirement, license suspension, and fines can have lasting effects on your ability to work and live freely.
Before accepting these penalties, speak with a defense lawyer who knows how to challenge the system. Call Reisig Criminal Defense & DWI Law today at (732) 625-9660 for a free consultation.
You don’t have to face a refusal charge—or an ignition interlock device—alone. With nearly 30 years of experience, Reisig Criminal Defense is ready to fight for your rights and help you move forward with confidence.
More Information & Strategies Regarding DWI Breath Test Refusals
- What is Implied Consent in New Jersey DUI/DWI law?
- How Can I Be Convicted Of DWI If I Refuse To Consent To A Breathalyzer Test In New Jersey?
- Are There Defenses For Refusal In New Jersey DWI/Refusal Cases?
- Can I Fight A Refusal Charge In New Jersey If I Was Having An Asthma Attack?
- If I have a past refusal conviction, can I be charged with DWI as a second offender in New Jersey?
- Is There Jail Time On A Third DWI Refusal In New Jersey?
- Is There Jail Time On A Second DWI Refusal In New Jersey?
- Don’t I Have A Fifth Amendment Right To Refuse Breath Testing In NJ?
