Pursuant to New Jersey law regarding DWI Refusal charges, DWI enforcement operates under an “implied consent” law pursuant to N.J.S.A. § 39:4-50.2. Essentially, the mere operation of a motor vehicle illustrates the driver’s consent to the taking of breath samples by state and local police to determine BAC if the officer has sufficient grounds to conduct such a test to determine your Blood Alcohol Content (BAC). However, the officer can only use the Alcotest 7110 machine (New Jersey’s version of the breathalyzer) if he or she reasonably believes that a person is driving under the influence. In order for the officer to establish the reasonable basis to conduct such a test, he or she must have and be able to demonstrate a “reasonable and articulable” belief that the driver may have been intoxicated while operating the vehicle. A reasonable and articulable belief may include characteristics such as an odor of alcohol exuding from the car of the defendant noticeable by an officer while conducting a routine traffic stop or DWI checkpoint. Refusal to submit to a breath test by drivers who are under suspicion of driving while intoxicated effectively bar the officer from conducting the test. However, due to the implied consent law, a refusal operates in the same manner as any other DWI conviction. Visit our Ocean County DWI Resource page for more information or contact the Law Offices of Proetta & Oliver at (848) 238-2100 at our conveniently located Toms River Office for a free consultation.
Penalties for Refusal to Submit to a Breath Test in Ocean County NJ
According to New Jersey law regarding refusal to take a DWI breath test, N.J.S.A. § 39:4-50.2:
(a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S. 39:4-50.
As indicated above, the penalties for Refusal in New Jersey are the same as penalties incurred from Driving While Intoxicated charges. This includes a 7-month to 1 year ignition interlock device for a first offense, a license suspension of 1 to 2 years for a second offense plus an interlock device for 2 to 4 years after license restoration, and eight (8) years of suspended driving privileges for a third offense plus a 2 to 4-year period of driving with an interlock device in your car. N.J.S.A. § 39:4-50.4a, outlines the penalties for Refusal in great detail.
Contact DUI Refusal Lawyers in Lakewood, New Jersey
As you can plainly see, the penalties for a refusal are severe. This is why it is very important to contact a skilled and experienced New Jersey DWI defense lawyer to challenge the state’s case against you. Will Proetta, Esq., our firm’s founding attorney, proudly holds a unique dual certification in the operation and maintenance of the Alcotest 7110, and he is also a certified Standardized Field Sobriety Instructor. These unique qualifications allow him to diligently scrutinize the protocol and technicalities associated with all stages of your case- from your initial arrest and sobriety test to the date of your trial. If you have been charged with refusal in Ocean County, including in Jackson, Toms River, Lakewood, Manchester, Brick, Beach Haven, or Lavallete, the lawyers at the Law Offices of Proetta & Oliver stand ready to assist you or your loved one. Call (848) 238-2100 today for a free initial consultation with an experienced Ocean County DWI Refusal Lawyer.
For more New Jersey DWI information, please feel free to visit our Ocean County DWI Resource and Ocean County DWI Penalties pages, or feel free to click one of the following links.