In New Jersey, Can You Recieve Jail Time For A First DWI Refusal?
When you examine New Jersey Statute Annotated 39.4-50.22, it is clearly explained that there is no mandatory jail sentence for a first DWI refusal in New Jersey, however tough punishments and charges are in the offing. You will be arrested for DWI. You may be asked to take a breath check. Surprisingly, the regulation clearly declares that the officer on duty is unable to push somebody to take the check. You can reject the check, yet still, you are free.
One factor you should definitely have in mind is you can be arrested, and persuaded to take a breath examination, even when you are not driving a car. The police arrest or the rejection no matter the reason does not cause compulsory jail term. There may be a situation where the person who owns an automobile hands over the steering wheel to another individual, who is under the influence of alcohol. In these circumstances, the owner would be chargeable for consequence under New Jersey laws and regulations.
What exactly are the punishments for refusing DWI
Before getting into penalties, you should know the process through to the test after you are caught. After you give your consent for a breath check, you get a copy of the outcome. In case, if you are not too confident of the outcome from the test, or not satisfied, then you could request another breath check. You have the right to pick a doctor for another check.
The results for refusing DWI can result in harsh penalties. It could very well create a 7 month revocation of your driver's licence, and a fine of approximately $500 in the very first rejection. After you decline DWI for the second time, the punishment gets a lot harsher. You might lose your driver's licence for a time period of 2 years, and a subsequent fine of around $1000.
And if you still reject DWI for the third time, you won't be able to drive the car for the next ten years. However, the fine remains only around $1000. You are thus, advised to stay in contact with New Jersey DUI legal representative to save yourself from the embarrassment of fines and suspensions.
DWI examinations are a must in New Jersey
You are unable to avoid the state laws and regulations, which distinctly signifies that the examinations are required. So now, why will you decline the test if you're not drunk? The state prosecutors will run through the court assuming and making their case stronger by telling that you skipped the examination because you knew that you were drunk, and the check will prove it.
Even when you are not drunk, but if you turn down, the laws and regulations have sufficient in it to frame a lawsuit against you. Attorney Matthew Reisig is at the forefront fixing many of the confusing DWI cases, and giving state prosecutors a bad time. It’s crucial to know somebody that is a specialist in DWI so as to be out of unpleasant scenarios faster than you imagine.