New Jersey Has Also Changed the Refusal Laws

HARK & HARK

Hark & Hark
1101 ROUTE 70 WEST
CHERRY HILL, NJ 08002
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Greetings!

NEW JERSEY HAS ALSO CHANGED THE REFUSAL LAWS

Happy New Year to all my readers. Last month Govenor Corizine, before leaving office, signed into law changes to the penalties for drunk drivers with high breath test results and for those who refuse to submit to the breath test machine when asked at the police department. The changes require persons convicted of DWI /REFUSAL to have an ignition interlock device installed in their primary car in addition to the existing penalties, fines and drunk driving education classes required under the current statute. The ignition interlock device is a breath test machine that examines the driver’s alcohol level before it allows the car to start and be operated.

If convicted of a first offense of DWI the judge has discretion to have the ignition interlock device installed in the defendant’s car ONLY if the blood alcohol level was below 0.15% at the time of his arrest. However, the Judge does not have any discretion and the ignition interlock devise is mandatory if the driver’s blood alcohol level is above 0.15% or the driver refused to submit to a breathalyzer test. The device must be installed on the primary vehicle of all second or subsequent offenders regardless of the breath test level or if the offender refused. The cost associated with the installation of the ignition interlock device will be the offender’s responsibility. This cost is in addition to all the fines ( approximately $475 for a first offense), DMV surcharges ($3,000.00), insurance surcharges ($3,000.00),and 48 hours in the New Jersey Intoxicated Drivers Resourse Center (IDRC).

These are complicated issues that can not fully be outlined here. PLEASE CALL OUR OFFICE ANYTIME OR EMAIL ME AND I WILL EXPLAIN EVERYTHING IN GREATER DETAIL.

IF YOU WANT TO SCHEDULE AN APPOINTMENT, I WOULD BE HAPPY TO MEET WITH YOU ANYTIME.

Sincerely,
Jeffrey Hark
Hark & Hark