Refusal Charge In NJ
A refusal charge in NJ can have dire consequences for you. Did you know that you have to submit to the taking of breath samples for chemical analysis when required? Many years ago, this law did not exist because we did not have the technology for a reliable measure of your blood alcohol content level. When the technology became available, drivers would simply refuse to take the test. This led to a lack of evidence on the State's side. As a result, our legislature enacted the implied consent statute requiring every driver using the roadways and quasi-public areas in New Jersey to submit to a breath test when requested.
Basically, if the officer has probable cause to believe that you are operating a vehicle under the influence of alcohol or drugs based on his perceptions, training, experience or a totality of the circumstances, he can ask you to submit to a breath test.
Obviously, if you say "no" in response to taking a breath test, that is considered a refusal. However, did you know that not responding or asking questions about the test while hesitating to give an answer can be considered a refusal! If the officer believes you are refusing to take the breath test, you will receive a charge for refusing to submit to the breath test. This is in addition to possibly still being charged with a DUI based on observation by the officer.
Basically, if the officer has probable cause to believe that you are operating a vehicle under the influence of alcohol or drugs based on his perceptions, training, experience or a totality of the circumstances, he can ask you to submit to a breath test.
Obviously, if you say "no" in response to taking a breath test, that is considered a refusal. However, did you know that not responding or asking questions about the test while hesitating to give an answer can be considered a refusal! If the officer believes you are refusing to take the breath test, you will receive a charge for refusing to submit to the breath test. This is in addition to possibly still being charged with a DUI based on observation by the officer.
N.J.S.A. 39:4-50.2 Consent to Taking Samples of Breath
- Under this statute, any person who operates a motor vehicle on a public road, highway, street, or quasi-public street in New Jersey has automatically given his/her consent to having a breath, urine or blood sample taken for the purpose of determining what that person's blood alcohol content (BAC) is at the that time.
- The police MUST HAVE REASONABLE GROUNDS to believe that you are operating a motor vehicle while intoxicated by alcohol or drugs.
- The Police offer MUST inform you of your rights.
- A copy of the results shall be provided to you upon request.
- In addition to the samples and tests made at the direction of the officer, you are permitted to have such samples and test made by a person or doctor of your own selection.
- No test or specimen may be made or taken forcibly and against physical resistance. HOWEVER, the police will notify you of the consequences of refusing to submit to the test.
In New Jersey, if you are arrested for a DUI,
YOU MUST TAKE A BREATH TEST.
*IF YOU REFUSE A BREATH TEST, YOU WILL FACE THE SAME LOSS OF DRIVING PRIVILEGES AS A DUI OFFENSE*
Mandatory Fines and Penalties
1st Offense
License Loss: 7 months - 1 year; 1-2 years if in school zone
Fines/Surcharge:
Program Requirement: 12 hours minimum IDRC
Interlock Device: 6 months - 1 year required installation of interlock device on vehicle you principally operate and may not operate any vehicle without one.
2nd Offense
License Loss: 2 years; 4 years if in school zone
Fines/Surcharge:
Program Requirement: 12 hours minimum IDRC
Interlock Device: 1 year - 3 years required installation of interlock device on vehicle you principally operate and may not operate any vehicle without one.
3rd or more Offense
License Loss: 10 years; 20 years if in school zone
Fines/Surcharge:
Program Requirement: 12 hours minimum IDRC
Interlock Device: 1 year - 3 years required installation of interlock device on vehicle you principally operate and may not operate any vehicle without one.
License Loss: 7 months - 1 year; 1-2 years if in school zone
Fines/Surcharge:
- $300-$500 fine
- $600-$1,000 fine if in school zone
- $230/day IDRC fee
- $100 drunk driving fund
- $100 Alcohol Education and Rehab fund
- $1,000/year for 3 years surcharge
- $75 Safe Neighborhood fund
Program Requirement: 12 hours minimum IDRC
Interlock Device: 6 months - 1 year required installation of interlock device on vehicle you principally operate and may not operate any vehicle without one.
2nd Offense
License Loss: 2 years; 4 years if in school zone
Fines/Surcharge:
- $500-$1,000 fine
- $1,000-$2,000 fine if in school zone
- $230/day IDRC fee
- $100 drunk driving fund
- $100 Alcohol Education and Rehab fund
- $1,000/year for 3 years surcharge
- $75 Safe Neighborhood fund
Program Requirement: 12 hours minimum IDRC
Interlock Device: 1 year - 3 years required installation of interlock device on vehicle you principally operate and may not operate any vehicle without one.
3rd or more Offense
License Loss: 10 years; 20 years if in school zone
Fines/Surcharge:
- $1,000 fine
- $2,000 fine if in school zone
- $230/day IDRC fee
- $100 drunk driving fund
- $100 Alcohol Education and Rehab fund
- $1,500/year for 3 years surcharge
- $75 Safe Neighborhood fund
Program Requirement: 12 hours minimum IDRC
Interlock Device: 1 year - 3 years required installation of interlock device on vehicle you principally operate and may not operate any vehicle without one.
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609-392-7600
What Languages Are The Refusal Statement Written In?
In 2010, State v. Marquez, 202 N.J. 485 (2010) was presented with the issue of an individual who was stopped for a DUI and refused to take a breath test. The problem was that the person stopped, did not speak or understand English. Therefore, how can he be expected to understand the standard statement of penalties that an officer is required to read to a person who refuses the breath test? As a result, our court concluded that the police must convey the information on the standard statement in a language the person speaks or understands. Consequently, the standard statement is now written in the following languages:
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What Does The Written DUI/Refusal Statement The Police read Look Like and Say?
Click on a language below to read the standard refusal statement in your language:
Can I remain silent?
Unfortunately, silence does not work either. When the officer asks you to submit to a breath test and you remain silent, this is considered sufficient evidence to amount to a refusal. Sometimes a person may think they have a right to refuse and therefore, stay silent. Sometimes things may just be happening too quickly for the person to process. No matter what the reason to remain silent or expressly refuse the test, you are being charged with refusal.
Unfortunately, silence does not work either. When the officer asks you to submit to a breath test and you remain silent, this is considered sufficient evidence to amount to a refusal. Sometimes a person may think they have a right to refuse and therefore, stay silent. Sometimes things may just be happening too quickly for the person to process. No matter what the reason to remain silent or expressly refuse the test, you are being charged with refusal.
I HAVE A REFUSAL CHARGE IN NJ. NOW WHAT?
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Call our office at 609-392-7600 to discuss your case NOW. We are experienced with Refusal matters and will fight tooth and nail for your rights. We continually go to Municipal Court to fight for individuals just like you who have been charged with a Refusal in New Jersey. We are very successful for a reason!
We handle Refusal charges in Mercer County, Middlesex County, and Burlington County. Municipal Courts in those counties include: Mercer County: Hamilton, Trenton, Ewing, Lawrence, Pennington, East Windsor, West Windsor, Hopewell, Princeton Township, Princeton Borough, Hightstown, and Robbinsville. Middlesex County: Plainsboro, Cranbury, East Brunswick, South Brunswick, and Sayreville. Burlington County: Bordentown, Burlington City, Burlington Township, Moorestown, Mount Laurel, Willingboro, Mt. Holly, Florence, and Pemberton. |
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