What does it mean to be cited for a refusal and what are the penalties?

  • If you are pulled over for suspicion of DUI in NJ, by law you MUST comply with the request to provide a breath sample for a Breathalyzer; you do not have a choice.
  • If you refuse, you will be cited, not only for DUI, but for the separate offence of refusal, which carries similar penalties to a DUI. So if you are convicted, the penalties will be essentially doubled – you will probably get a 14 month license suspension rather than 7 months.
  • There are almost no defenses against a refusal so it is imperative to seek an experienced DUI attorney.