If the Long Beach Island Police Officer suspects that you are operating your motor vehicle while you are under the influence of drugs or alcohol he must follow a strict procedure. The officer must read you the legal rights and warnings contained on a standard statement and ask if you agree to submit to a breath test. If you say anything but “yes”, the officer is required to read you an additional legal warning and ask again. If you give an ambiguous answer or say anything other than “yes” for the second time, you will be charged with a refusal.
If after the first request you give a clear and unambiguous “no” you will be charged with refusal to submit to a chemical test without the benefit of the second legal warning. Although you will not serve any jail time if convicted of refusal, you will be forced to install an ignition interlock device in your vehicle, even if it is a first offense. The ignition interlock device will “lock” your car's ignition if it detects any alcohol in your bloodstream. If there is no alcohol in your bloodstream, the vehicle will start but it will prompt you periodically to take another test. The penalties for refusal include:
First Refusal on Long Beach Island
Loss of license for up to 1 year
Fine of up to $500.00
Required to install an Ignition Interlock Device
Participation in the program and fee requirements of the IDRC
Other fines and penalties
Second Refusal on Long Beach Island
Loss of license for up to 2 years
Fine of up to $1,000.00
Required to install an Ignition Interlock Device
Participation in the program and fee requirements of the IDRC
Other fines and penalties
Third Refusal on Long Beach Island
Loss of license for up to 10 years
Fine of $1,000.00
Required to install an Ignition Interlock Device
Participation in the program and fee requirements of the IDRC
Other fines and penalties
If the refusal occurs in a designated school zone, no matter if school is in session or not, the fines will double and the penalties will become more severe. In fact, you can be charged with a school zone violation at 2:00 am in the middle of the summer recess just because the violation occurred in a school zone.
If you have been charged with a DWI, DUI, or refusal, contact the experienced New Jersey DWI lawyers from Villani & DeLuca for a free initial consultation. Call today 732-782-9833.