New Jersey Bill May Allow Repeat DUI Sentencing for Breathalyzer Refusals

May 14, 2011

New Jersey Bill May Allow Repeat DUI Sentencing for Breathalyzer Refusals

Early this year the New Jersey Supreme Court issued an opinion that compels lower courts to sentence a driver who refuses to submit to a breathalyzer test as a first offender, even if he or she has previous driving under the influence (DUI) convictions on his or her record. The court based this decision on New Jersey's DUI sentencing statute, which "contains no reference whatsoever to the refusal statute," and because a previous New Jersey case had decided the issue similarly in 1993. At the time the state legislation did not amend the statute.

This time, two days after the Supreme Court decision, New Jersey State Senators proposed a bill to amend the state law to provide that refusing an alcohol breath test can be penalized as a repeat offense, if the offender has previous convictions within the past 10 years.

The bill was in the Law and Public Safety Committee until March, when a revised version was reported to the general assembly. Although the bill was expected to pass when it went before the Senate on April 28th, it was pulled from consideration shortly before the voting session began so that certain objections to the content of the bill could be addressed. The revised bill will likely allow for refusals to be considered prior convictions under the drunk driving statute for sentencing purposes, and vice versa, with drunk driving and refusal convictions that occur in the same case being treated as a single conviction.

Sentencing for First, Second and Third DUIs

If the bill ultimately does pass, it will serve to reinforce New Jersey's strict DUI penalties, one of the harshest in the country. For a first-time DUI offender with a blood alcohol content (BAC) of 0.10 percent or higher, you will receive:

-A $300 to $500 fine ($250 to $400 if driver's BAC is .08 but less than 0.10)
-Mandatory license suspension for seven months to one year
-$1,000 surcharge per year for three years
-Possible interlock device installation, preventing you from driving with a BAC of .05 or higher

For a second DUI conviction within a 10 year period, you will receive:

-A $500 to $1,000 fine
-Mandatory two-year license suspension
-At least 48 hours jail time that cannot be suspended or served on parole, and up to 90 days in jail
-Mandatory ignition interlock device installation during license suspension, and for one to three years after your license is restored

For a third DUI conviction within a 10-year period, you will receive a $1,000 fine, no less than 180 days in jail and license suspension for 10 years. Additionally, for any DUI conviction you get a mandatory 12 -- 48 hours at the Intoxicated Driver Resource Center, at a cost of $230 per day.

If you have been arrested and charged with drunk driving and / or refusal, you need an experienced drunk driving lawyer who can protect your rights and defend you in court.

Article provided by Law Office of James J Sayegh
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