Atlantic County judge throws out refusal offense

The requirement that New Jersey motorists submit to the taking of breath samples for chemical analysis to determine blood alcohol concentration stems from the New Jersey Implied Consent Statute, N.J.S.A. 39:4-50.2. The law authorizes punishment for those who refuse to provide breath samples when arrested for drunk driving. The arresting officer must have probable cause to believe that the driver is under the influence and he must request the driver to submit to a breath test and inform the person of the penalties for refusing.

The refusal penalties include a seven-month license suspension and ignition interlock requirement. On April 10, 2012, an Atlantic County judge threw-out a refusal offense because the officer failed to explain the accurate penalties for a refusal. The officer failed to inform the motorist about the ignition interlock penalty.

If you or a family member has been charged with a refusal offense, you may have valid defenses to the charge and should contact a local attorney.

See our complete criminal website at www.johntumeltylaw.com