If a driver:

• is arrested for drunk driving and
  
• refuses to take a breath test when asked to do so by a police officer

Penalties:
If the driver is found guilty:
First Offense:

• A fine of $250 to $500 and
  
• Loss of driver’s license for 6 months.

• A fine of $250 to $500 and
  
• Loss of driver’s license for 2 years.

• A fine of $250 to $500 and
  
• Loss of driver’s license for 10 years.

• On elementary or secondary school property, or within 1,000 feet of any elementary or school property; or
  
• Driving through any designated school crossing; or
  
• Driving through any area the driver knows is a school crossing, even if it is not specifically marked, then the penalties for refusing to take a breathalyzer test are more serious. It does not matter that the driver was not aware that they were on school property or within 1,000 feet of school property. The enhanced penalties are as follows:
  

  First Offense
  

  • A fine of $500 to $1,000 and
    
  • Loss of driver’s license for 1 year
  
  Second Offense
  
  • A fine of $500 to $1,000 and
    
  • Loss of driver’s license for 4 years
  
  Third or More Offense
  
  • A fine of $500 to $1,000 and
    
  • Loss of driver’s license for 20 years

  A conviction for this offense in any other state will be counted in New Jersey to determine whether the driver is punished for a second or third offense.

  
  Points:
  No Points.