Piscataway NJ Refusal Charge Attorney

Here at the Law Offices of Jonathan F. Marshall, with over 100 years of collective experience and experts in the field of DWI law, we know that we have the experience and knowledge to help you achieve the best result possible in your case.  Our team of numerous former prosecutors and experienced criminal defense attorneys are among the leading experts in the state in Field Sobriety Testing and the use of the Alcotest 7110, the breathalyzer used by law enforcement in New Jersey to calculate a driver’s BAC.  We have handled thousands of DWI cases and stand ready to help you with yours.  So please contact us today to find out how our team can lead you to the result you deserve.

All DWI related offenses are governed by N.J.S.A. 39:4-50 in New Jersey and the same is true in Piscataway. This statute makes it illegal for a person to operate a vehicle while intoxicated. In order to prove that someone is intoxicated, the state utilizes a breath test machine referred to as the Alcotest 7110. Motorists are aware of the usage of breathalyzer such as this and sometimes refuse to provide a sample in hopes of avoiding a conviction for DUI. The problem is that New Jersey law imposes an implied consent obligation on the part of anyone who exercises the privilege of driving on state roadways. The consent is to provide a breath sample upon request by a police officer. This obligation applies whether you are a NJ resident or not, and to motorist who have driver’s licenses from other states as well. When someone refuses to provide a breath sample in accordance with the implied consent law, they face a separate violation under N.J.S.A. 39:4-50.2. This ticket and the associated apply on top or and in addition to whatever DWI summons that was issued.

Where refusal cases differ from regular DWI cases is in the intoxication element of the offense.  By refusing to submit to the breath test, the accused has necessarily made it impossible for the prosecution to sustain their burden of proving intoxication through a breath test. The police must therefore resort to field sobriety tests to prove intoxication. If there was an accident with injury or some other reason that prevented the police from conducting field tests, then their case is much more difficult in proving intoxication. It will usually take admissions by the accused or some other significant evidence to overcome the lack of both scientific evidence and failed field tests to prove the DWI. To negate issues like these from ever arising, the New Jersey refusal law that will be applied in Piscataway outlines penalties that essentially mimic those that apply to a DWI. The consequences of a first, second, or third refusal mirror to a large degree those that apply if you are convicted of DWI in Piscataway. There is a mandatory driver’s license suspension of 7 months, 2 years and 10 years respectively for a first offense, second offense and third offense. The same fines and surcharges also apply. You will have to pay $1,000 per year for a period of three years as a surcharge for a first and second offense. The surcharge escalates to $1,500 per year for a third offense. The only real difference under the refusal law relates to jail. There is no mandatory 180 day jail term for a third or subsequent refusal violation.