New Jersey DWI Law: Refusal Charges
The New Jersey statute which governs the "implied consent" of drivers to provide a breath sample is N.J.S.A. 39:4-50.2 which provides:
§ 39:4-50.2. Consent to taking of samples of breath; record of test; independent test; prohibition of use of force; informing accused
(a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S. 39:4-50 or section 1 of P.L.1992, c.189.
In New Jersey, if you refuse to provide a breath sample when asked to do so by police, you will be charged with Refusal to submit to a breath test. Essentially, when you operate a motor vehicle on the roads of the State of New Jersey, you consent to provide a breath sample if required by law enforcement. However, these breath samples can only be required if police have a reasonable basis to believe that you are driving under the influence of alcohol or drugs. The reasonable basis is usually a combination of the reason for the initial traffic stop (such as weaving in and out of your lane or being in an accident) and the field sobriety tests which are conducted by police if they suspect the driver is intoxicated. These field sobriety tests can range anywhere from reciting the alphabet backwards, to the walk and turn test or the one leg stand test.
Thus, if you are asked to provide a breath sample you must do so or you will be charged with refusal under N.J.S.A. 39:4-50.4a. Under this statute, you are facing a license suspension of seven (7) months to one (1) year.
