NJ Refusal Statute

Lacey Township NJ DWI Refusal Lawyers

New Jersey prosecutes refusal to submit to a breath test or blood test very aggressively due to the “implied consent” law. Please see the following NJ statute outlining New Jersey Refusal Law.

§ 39:4-50.2. Consent to taking of samples of breath; record of test; independent test; prohibition of use of force; informing accused

(a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S. 39:4-50 or section 1 of P.L.1992, c.189.

(b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.

(c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.

(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.

(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of this amendatory and supplementary act. A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.

If you have questions regarding New Jersey law on Refusal to Consent to a Breath or Blood Test, or you are facing DWI Refusal charges in Ocean County, contact our offices in Toms River at (848) 238-2100 to speak with a knowledgable Ocean County DWI defense lawyer.