Breath Test Refusal, Third Offense

Court Imposed Penalties

Fine
Court costs
Drunk Driving Enforcement Fund
Intoxicated Driver Resource Center
Revocation of driving privileges
Forfeiture of commercial driving privilege

Bureau of Alcohol Countermeasures

Alcohol Education, Rehabilitation, and Enforcement Fund
Intoxicated Driver Resource Center
Costs of further education and/or treatment
Division of Motor Vehicles
Driver License Restoration Fee
Merit Rating Plan Surcharge<3>
Merit Rating Plan point assessment

Other Consequences

Cancellation of automobile insurance "of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under the policy"
Insurance premium increases
Sentence enhancement on subsequent convictions of N.J.S. 39:4-50.2 and N.J.S. 39:3-40
No cause of action permitted for recovery of economic or noneconomic loss sustained as a result of the accident

NOTES:

Most municipal courts treat a prior conviction of N.J.S. 39:4-50 as equivalent to a prior conviction of N.J.S. 39:4-50.2 for sentencing. See State v. Fielding, 290 N.J.Super. 191 (App.Div. 1996); State v. Tekel, 281 N.J.Super. 502 (App.Div. 1995). Cf. In re Bergwell, 85 N.J. 382 (1981). But see State v. DiSomma, 262 N.J.Super. 375 (App.Div.
1993).

Restoration of driving privileges is NOT automatic and is subject to Division of Motor Vehicles approval.

Merit Rating Plan Surcharge applies whether conviction is under N.J.S. 39:4-50, N.J.S. 39:4-50.4a, or both. Merit Rating Plan Surcharge is $4500 if three events including convictions under either N.J.S. 39:4-50 or N.J.S. 39:4-50.4a occur within three years of each other.