Criminal Defense Lawyers

New Jersey Refusal Statute

New Jersey’s Refusal Statute

New Jersey has a strict implied consent law that requires drivers to submit to breath testing if lawfully arrested for DUI. Refusing to provide a breath sample when requested by police results in serious penalties under New Jersey’s refusal statute.

What is New Jersey’s Refusal Statute?

New Jersey’s refusal statute, N.J.S.A. 39:4-50.4a, makes it a separate traffic offense to refuse to submit a breath sample when lawfully arrested on suspicion of DUI. Police must have probable cause to believe the driver is intoxicated before requesting a breath test.

If a driver refuses to provide a breath sample after being arrested, they face penalties including fines, license suspension, and installation of an ignition interlock device. The penalties get progressively more severe for repeat offenders.

Implied Consent in New Jersey

New Jersey has an “implied consent” law for chemical testing. This means that by driving on New Jersey roads, drivers give implied consent to submit to a breath test if arrested for DUI. Drivers do not have a right to refuse under the implied consent law.

Police must read the New Jersey implied consent statement before requesting a breath sample. This informs drivers of the consequences for refusal. Drivers can request an independent blood test, but they must still comply with the officer’s request first.

What Constitutes Refusal of a Breath Test?

Simply saying “no” to a breath test constitutes refusal under New Jersey law. But refusal also includes:

• Remaining silent after being asked to take the breath test
• Giving an ambiguous or conditional response
• Delaying the test through words or actions
• Failing to provide a sufficient breath sample

Police only need one refusal to charge the driver. There are limited defenses against a refusal charge compared to a DUI charge.

Penalties for First Refusal Offense

For a first refusal conviction, the penalties are:

• Fine of $300 – $500
• License suspension for 7 months to 1 year
• 12-48 hours at an Intoxicated Driver Resource Center
• Installation of ignition interlock device after suspension

These are in addition to any penalties received if also convicted of DUI.

Penalties for Second Refusal Offense

The penalties increase substantially for a second refusal conviction:

• Fine of $500 – $1,000
• License suspension for 2 years
• 12-48 hours at an Intoxicated Driver Resource Center
• Installation of ignition interlock device after suspension

Penalties for Third or Subsequent Refusal

A third or subsequent refusal conviction leads to:

• Fine of $1,000
• License suspension for 10 years
• 12-48 hours at an Intoxicated Driver Resource Center
• Installation of ignition interlock device after suspension

Defenses Against a Refusal Charge

There are limited legal defenses against a refusal charge compared to a DUI charge. Potential defenses include:

• Lack of probable cause for the DUI arrest
• Failure to properly read the implied consent statement
• Medical inability to provide a breath sample
• Confusion over the implied consent statement

An experienced DUI defense attorney can evaluate the details of the arrest to determine if any defenses apply.

Consequences of Refusing vs. Failing a Breath Test

Some drivers refuse a breath test in hopes of avoiding a DUI conviction. However, prosecutors can still pursue DUI charges after a refusal.

The consequences for refusing are often harsher than failing a breath test. For a first DUI offense, the license suspension is only 3 months if the driver fails the breath test.Refusing the breath test also allows the prosecutor to raise an inference of guilt to the jury at trial. So there is little upside to refusing compared to taking and failing the breath test.

When to Refuse a Breath Test

In limited cases, refusing the breath test may be advantageous. This includes situations where:

• The driver consumed alcohol after driving but before the arrest
• There are issues with the legality of the DUI arrest
• The driver has certain medical conditions that could impact results

An experienced DUI attorney can provide guidance on when refusing a breath test may be beneficial given the specific circumstances of the arrest.

Conclusion

New Jersey’s refusal statute imposes harsh penalties on drivers who refuse to submit a breath sample after a lawful DUI arrest. There are limited defenses against a refusal charge compared to a DUI charge. In most cases, refusing a breath test leads to worse outcomes than failing the test. Drivers should consult with a DUI attorney before deciding whether to refuse a breath test.

References