Refusal to Take a Breath Test Now Includes “Baby DWI” Offenders – NJSA 39:4-5

Under legislation signed into law last week by the governor, it is now an offense to refuse to provide a breath sample for the purpose of chemical testing when an individual has been arrested for underage drinking under NJSA 39:4-50.14, the so-called “Baby DWI” statute. People who are convicted of a refusal offense following an arrest for underage drinking will be subject to all the normal penalties for refusing to submit to a breath test, including loss of license, fines, and IDRC requirements. Collateral consequences involving motor vehicle surcharges of $1000 per year for 3 years and 9 insurance eligibility points apply as well. Finally, people who are arrested for this offense in a school zone are subject to doubled fines and license loss.

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