It is not required by law that you submit to the field sobriety tests, you have every right to kindly refuse to submit to them.
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You are however, required by New Jersey implied consent law to submit to a chemical test. If you refuse to submit to a chemical test the arresting officer must inform you of the penalties for a test refusal and then ask you a second time if you will submit to a chemical test.
Every driver who holds a New Jersey driver's license has agreed to the states implied consent law when they initially accepted their New jersey driver's license. Basically the implied consent law says that if you are stopped on suspicion of driving under the influence you shall submit to a chemical test to check for alcohol, drugs or intoxicants in your body.
- DUI Laws and Penalties in New Jersey | taira-kousan.com.
- New Jersey Second Offense DUI/DWI.
- New Jersey DWI Sentencing Alternatives.
- How to Avoid a DUI/DWI in New Jersey.
Refusal to submit to a chemical test will result in an automatic suspension of your license for a period of 1-year following a first offense refusal, a second offense refusal will result in an automatic 2-year suspension and a third offense refusal will result in your license being suspended for years. The actual amount of jail time served, if any will be at the courts discretion.
The total fine amount for BAC of. If you refused the chemical test, your license will be suspended for 1-year. The minimum jail sentence of 48 hours cannot be suspended by the court.
Additionally, an ignition interlock device must be installed on his vehicle. The ten year step down law in NJ is applied only when it is requested; therefore, before going to court for your sentencing hearing on a subsequent DUI charge, it is important to speak with an experienced lawyer who is familiar with this specific NJ law.
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Although the example makes it sound quick and easy, the NJ step down law could be difficult to argue in court without familiarity with New Jersey DUI case law. A lawyer is needed in order to effectively have this process put into action for your defense.
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10 Year Step Down Rule in NJ for DWI Convictions
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