New Jersey has an Implied Consent law.

Drivers on New Jersey roadways have agreed, simply by using New Jersey roadways, to submit to a breath test given by law enforcement or hospital staff following an arrest for a driving and driving offense. Motorists refusing to take a breath test will be detained and brought to a hospital, where hospital staff may draw blood.

Motorists refusing to take a breath test in New Jersey are subject to an MVC insurance surcharge of $1,000 a year for three years. Failure to pay this surcharge will result in an indefinite driver license suspension until the fee is paid.

An April 2004 state law made the refusal to submit to a breath test equivalent to driving with a BAC of .08% or higher for a first offense. The current penalty for both is the loss of driving privileges for between seven months and one year, to run concurrently or consecutively based upon a judge’s order.

The penalties are in addition to and consecutive to any penalties imposed for the underlying drunk driving offense. There is also a $100 a year surcharge to be deposited in a drunk driving enforcement. Moreover, a driver is also subject to the requirements set by the Intoxicated Driving Program/Intoxicated Driver Resource Center.