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Will a DWI Breath Test Refusal Affect My Car Insurance Rates in NJ? And If So, For How Long?

December 2, 2025 by Matthew Reisig

Being arrested for a DWI Breath Test Refusal in New Jersey brings a flood of questions and concerns. One of the biggest worries people have is how a refusal charge will affect their car insurance rates. Unfortunately, a refusal has serious financial consequences, and insurance increases are often one of the most expensive parts of the entire situation.Will a DWI Breath Test Refusal Affect My Car Insurance Rates in NJ

If you’re facing a refusal charge, it’s important to understand exactly what can happen to your insurance, how long the impact lasts, and—most importantly—what you can do to protect yourself. With nearly 30 years of experience, Reisig Criminal Defense & DWI Law has helped thousands of people across New Jersey fight refusal charges and avoid major financial damage.

This guide breaks down everything you need to know.

How Insurance Companies View a Breath Test Refusal in New Jersey

In New Jersey, insurance companies treat a breath test refusal the same way they treat a DWI conviction—as a major, high-risk violation. Even if you are not convicted of DWI, a refusal charge alone shows up on your driving record and tells your insurance company that you refused to provide a breath sample during a DWI investigation.

To most insurers, this suggests:

  • Higher risk of accidents
  • Higher risk of future violations
  • Higher likelihood of claims

Because of this, your insurance premiums will almost always increase after a refusal conviction, sometimes dramatically.

How Much Will My Car Insurance Go Up?

Every insurance company calculates rates differently, but a breath test refusal commonly leads to increases such as:

  • 35%–75% premium increase for the first year
  • Potential doubling of your insurance bill
  • Loss of “safe driver” or discount programs
  • Forced placement into the NJ “high-risk” insurance market

In some cases, the insurance company may decide not to renew your policy at all, forcing you to find a new policy at a much higher rate.

These financial consequences are one of the main reasons people turn to Reisig Criminal Defense & DWI Law. An experienced attorney may be able to challenge the refusal charge, reduce it, or even get it dismissed—protecting you from years of inflated costs.

How Long Will a Breath Test Refusal Affect My Insurance Rates?

In New Jersey, a refusal conviction usually affects your car insurance for:

3 to 5 years

During this period, you will likely pay higher premiums, surcharges, and additional fees. Some insurance companies continue to treat DWI-related violations as “high risk” for up to 7 years, depending on their internal policies.

Why the impact lasts so long:

  • Violations stay on your NJ Motor Vehicle Commission (MVC) record
  • Insurance companies review your driving history each renewal cycle
  • Refusal violations are flagged as “major” offenses
  • Risk rating systems increase costs for multiple years

Even after the suspension period is over, the insurance impact continues until enough time has passed without additional violations.

Does a Refusal Always Increase Insurance Rates?

Most of the time, yes—but not always permanently.

Your insurance rates may not increase if:

  • Your refusal charge is dismissed
  • Your attorney reduces the charge to a lesser offense
  • Your insurance company does not discover the violation (rare, but possible)
  • You switch to an insurer with a different risk rating system

The key point is this:
Insurance increases are not automatic. They depend heavily on the outcome of your case.
That is one of the many reasons hiring a strong, experienced attorney matters.

How Reisig Criminal Defense & DWI Law Helps Protect Your Insurance Rates

Reisig Criminal Defense & DWI Law has been defending people charged with DWI and breath test refusal in New Jersey for almost 30 years. The firm understands the local courts, the MVC, and the specific procedures officers must follow during refusal cases.

Their goal is simple: avoid or reduce the penalties so you don’t suffer years of inflated insurance premiums.

They do this by:

✔ Challenging the refusal procedure

Officers must follow specific steps, including reading the correct warnings. Any deviation can weaken the state’s case.

✔ Identifying unclear instructions

If the officer caused confusion, that may be a valid defense.

✔ Reviewing medical or language issues

Breath test refusal is not always intentional—and the law recognizes that.

✔ Questioning the legality of the traffic stop

If the stop was improper, the entire case may be dismissed.

✔ Negotiating to reduce the charge

Lower charges often prevent insurance spikes.

Over nearly three decades, the firm has become one of New Jersey’s most trusted and successful DWI defense practices because of their track record of real results.

Other Financial Consequences of a Refusal (Beyond Insurance)

A refusal conviction also includes:

  • License suspension
  • MVC surcharges
  • Court fines
  • Possible ignition interlock requirements
  • Mandatory classes and fees

Together with higher insurance rates, the total cost of a refusal can be thousands of dollars—another reason strong legal defense is essential.

How to Protect Yourself After a Breath Test Refusal Arrest

If you’ve been arrested for a refusal in New Jersey, the steps you take now can dramatically affect your future.

  1. Do not assume the case cannot be fought

Refusal charges are highly defendable when handled properly.

  1. Do not wait to speak with an attorney

Early intervention gives your lawyer the chance to identify errors and build your defense.

  1. Work with a law firm experienced in DWI and refusal cases

Refusal law is complex. You want a lawyer who handles these cases every day.

Reisig Criminal Defense & DWI Law has nearly 30 years of experience fighting for clients just like you and has earned a reputation as one of New Jersey’s top DWI defense firms.

Call Reisig Criminal Defense & DWI Law Today

A breath test refusal can affect your insurance rates for years—but with skilled legal defense, you may be able to avoid the worst outcomes.

Call Reisig Criminal Defense & DWI Law for a free consultation.
With decades of experience and thousands of successful cases, they are ready to protect your license, your finances, and your future.




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Reisig Criminal Defense & DWI Law, LLC has helped thousands of individuals that were arrested for DWI. In fact, we've helped clients in ALL 21 NJ Counties from our Office in Monmouth County. A significant number of our clients are from Monmouth County & Ocean County, but every week, we travel to courtrooms across the state. Here's a few areas we visit every year to help our clients: Upper Freehold, Manalapan Township, Manasquan, Deal, Freehold, Sea Girt, Marlboro Township, Howell, Middletown Twp, Farmingdale, Spring Lake, Tinton Falls, Red Bank, Wall, Brielle, Holmdel, Colts Neck, Hazlet, Matawan, Asbury Park, Belmar, Eatontown, Sea Bright, Millstone Township, Neptune Township, Ocean, Aberdeen and Keyport.


Reisig Criminal Defense & DWI Law, LLC
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Freehold, NJ 07728
732-625-9660



 

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RECENT POSTS

  • Will a DWI Breath Test Refusal Affect My Car Insurance Rates in NJ? And If So, For How Long?
  • Can I Get a Hardship or Work License During a Refusal Suspension in New Jersey?
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