Refusal (N.J.S. 39: 4-50.2 and N.J.S. 39: 4-50.4a)

A refusal charge is written when an intoxicated motorist refuses to submit to either a breath test or a blood test to determine their BAC. If the Lavallette Police Officer has reason to believe that you are intoxicated, he must read you your legal rights on a standard statement that outlines your responsibilities to take a chemical test and then ask you if you will submit to a breath test. If you answer with a clear “no” you will be charged with a refusal. If your answer is ambiguous, he is then required to read you an additional legal warning and ask again. If you refuse or provide an ambiguous answer a 2nd time, you will be charged with a refusal. If you are charged with refusal in place of DWI or DUI, you unfortunately face similar penalties. A major difference, however, is that even for a first refusal offense, the court will make the installation of an ignition interlock device mandatory. These devices will not allow you to start your motor vehicle until you breath into it ensuring that you have no alcohol in your system. If you pass the initial breath test, it will ask you to take periodic readings as you are driving.

  • First Refusal in Lavallette
    • Loss of license for up to 1 year
    • Fine of up to $500.00
    • Required to install an Ignition Interlock Device
    • Program and fee requirements according to the IDRC
    • Other fines and penalties
  • Second Refusal in Lavallette
    • Loss of license for up to 2 years
    • Fine of up to $1,000.00
    • Required to install an Ignition Interlock Device
    • Program and fee requirements according to the IDRC
    • Other fines and penalties
  • Third Refusal in Lavallette
    • Loss of license for up to 10 years
    • Fine of $1,000.00
    • Required to install an Ignition Interlock Device
    • Program and fee requirements according to the IDRC
    • Other fines and penalties

If a refusal charge is incurred while you were in a school zone, the fines can be doubled and the penalties can become more severe. The school need not be in session during the incident for you to be charged with a school zone violation. In fact, you could be charged even if students would not normally be in session.

If you have been charged with a DWI, DUI, refusal, or motor vehicle violation in Lavallette, contact the experienced New Jersey DWI lawyers of Villani & DeLuca at 732-892-9050 for a free initial consultation.

Filed under: Drunk Driving and Refusal

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