If someone is driving on the roads of New Jersey and is accused of Driving While Intoxicated (DWI), they are required to provide a breath sample.  A police officer must read a refusal form to the accused and if the accused either verbally refuses or gives a vague response, they will be issued a summons for refusal in addition to possibly additional violations.

The New Jersey state legislature recently revised this form.  If this updated form is not read to the accused, it may form a basis of dismissal. Previously, the presence of an illness such as emphysema or asthma could also provide a basis for the dismissal of a refusal summons.  However, new language in the revised statement that is read to the accused appears to eliminate the possibility of introduction of an individuals’ medical condition as a defense.

The penalties for failure/refusal to provide a breath sample in New Jersey are severe.

  • For a first offense, the penalty is license revocation between 12 and 24 months and fine between $600 and $1,000.
  • A second offense carries a penalty of license revocation of four years and a fine between $1,000 and $2,000.
  • If convicted of a third refusal, the defendant will lose their license for 20 years and be fined $2,000.

It is advisable to speak to an attorney if you are charged with refusal, DWI or any other motor vehicle offense in order to asses any defenses that are available and prior to entering a plea.

The Law Office of Susan N. Rosti, Esq. has the experience you need plus a proven track record in representing DWI, DUI and related traffic offense cases. Attorney Rosti specializes in this area of law and understands that an individual needs a lawyer to explain their options clearly and assist them in achieving the best resolution possible. Call The Law Office of Susan N. Rosti, Esq. today at 973.883.5977 to schedule a consultation today if you are facing motor vehicle, DWI or DUI charges and need representation.