The ability to operate a motor vehicle is a privilege and not a right under NJ law. A condition to this right is a motorist’s obligation to consent to submission of a breath sample when properly demanded to do so by a police officer. When an accused fails to consent, he or she may be issued a summons for refusal under N.J.S.A. 39:4-50.2 If you have been charged with this offense in Wall NJ, our lawyers possess the knowledge and experience you need to contest the refusal. Give our Wall NJ DWI attorneys a call anytime 24/7 and we hope that you find the information that follows to be of assistance.
N.J.S.A. 39:4-50.2 – The NJ Refusal Law
In accordance with this statute, an individual is “deemed to have given his consent to the taking of samples of his breath…to determine the content of alcohol in his blood” when there exists “reasonable grounds to believe that such person has been operating a motor vehicle” while intoxicated. A police officer must, however, adhere to certain legal requirements in making the request, specifically, he must inform the accused of his rights by reading a standard statement that has been adopted by the Director of the Division of Motor Vehicles. If an individual refuses after the statement is read, then he shall be charged with refusal and then becomes exposed to the penalties set forth under N.J.S.A. 39:4-50.4a.
N.J.S.A. 39:39-50.4 – Penalties for Refusal
- License Suspension. For a first offense, the license suspension is seven (7) months. A second offense carries two (2) years revocation. A third or subsequent offense results in a ten (10) year license suspension.
- Fines. The fine is $300 to $500, $500-$1,000, and $1,000 for a first offense, second offense and third offense, respectively.
- Ignition Interlock. For a first offense, the ignition interlock must be in place for the period of suspension and for 6 months to 1 year following restoration. For a repeat offender, the interlock must be in place for the period of suspension and one (1) to three (3) years following expiration of the period of suspension.