DUI & DWI — Refusal to Take a Breath or Blood Test

A DUI law firm in Essex County, NJ

New York Yankee Pitcher Joba Chamberlain and Actor Kiefer Sutherland — DUI Convictions — Should You Refuse a Breath or Blood Test When Confronted by the Police?

By Michael L. Pescatore, Esq.

As you may have read or seen on television, actor Kiefer Sutherland — known for his roles in the TV show 24 and movies such as The Lost Boys — and New York Yankees Pitcher Joba Chamberlain, have been convicted of DUI/DWI and suffered serious penalties.

When pulled over for a DUI in Essex County, NJ, is it smarter to refuse a breath or blood test so the police are deprived of this important scientific evidence?

With regard to the state of New Jersey, I do not recommend refusing a chemical test when demanded by a law enforcement official. The primary reason for this is that, under New Jersey law, a refusal will trigger a driver's license suspension of between seven to 12 months (as if there had been a conviction), as well as serious fines, surcharges and other penalties (*for a first offense). N.J.S.A. 39:4-50.4a, et. al. Imprisonment for a refusal is improbable. State v. Widmaier, 157 N.J. 475, 499-500 (1999).

However, the legal issue with a refusal, as opposed to a DUI (or DWI) itself, is whether there was, in fact, a legal "refusal."

New Jersey DUI laws

Specifically, New Jersey police have a legal responsibility to read to you an "informational statement" concerning their demand that you take a breath or blood test, and, upon refusal, to repeat this demand. This is reduced to writing along with your response of "yes" or "no" (obviously, if you agree, a breath or blood test will then be conducted). The answer "no" or any lack of cooperation may be legally deemed a refusal. Surprisingly, mistakes are often made in this process which undermine your constitutional rights — and may be used by a skilled trial attorney in your defense. That is why it is important to hire an experienced and knowledgeable drunk driving and DUI attorney in Essex County.

Contact an Essex County DUI law firm

If you need an aggressive and professional Essex County DUI attorney, please call our offices at 973-718-2265 or 973-704-7376 for a free consultation as to any traffic offenses or if you have been injured in an automobile collision. At the Law Office of Michael L. Pescatore, your best interest is our first concern!

Essex County DUI lawyer Michael L. Pescatore is waiting for your call.