Is There Jail Time On A First DWI Rejection In New Jersey

Is There Jail Time On A First DWI Rejection In New Jersey

Can I Get Jail Time On A First DWI Refusal In NJ?


The law in New Jersey requires you to take a breath test if your are involved with a DUI (Drunk Under Influence) case. The “implied consent law” of New Jersey declares that when you have been held lawfully by an officer, that has valid reason to feel that you have been driving a car in an intoxicated condition, then it instantly signifies that you have given the consent for the chemical test of your mouth and also breath. The test should be passed through during arrest; but, in case you deny to perform the examination the officer present can't push you to undertake the test.


Rejection to undergo a breath examination will for sure bring in some fines. In times of rejection to comply with the test, your driver’s permit will be revoked for Seven months to 12 months at a stretch. In case this is your 2nd DWI offence then your driver’s permit could be revoked for Two years. This situation might even be used in the court against you, during the proceedings as “consciousness of guilt”. In such a situation your lawyer should locate for a very good protection against this, such as the fear of sharp needles or maybe other things.


For the very first case of DWI you may be fined from somewhere between $250 up to $400. The defendant must attend the Intoxicated Driver Resource center (IDRC) for twelve to forty eight hours. The driver would need to pay $100 for the stated method. The offender needs to spend $50 for the iolent Crimes Compensation Board (VCCB) fee, along with a $75 Safe Neighborhood Fund Assessment. It is possible that the driver will be sentenced to a jail term of thirty days and the defendant will need to lose their license for 7 to 12 months. For the first DWI case the accused will have to fit an interlock, if perhaps his BAC was higher than 0.14%. In case you are a lucky offender who manages to get his charges dropped to tier 1 DWI, then you should just lose your driver’s license for 3 months. In such a case the BAC must be less than 0.10%. 


It is very important for an individual to choose a New Jersey DUI Lawyer, to acquire the very best protection possible in the courthouse. When you appoint a professional attorney, he / she will consider situation in a careful way which might enable you drop the case to very first level or perhaps make your case more robust. He might be able to increase several potential defenses like lack of erroneous BAC, failure from the police in any case, errors in alcohol test and various defenses. If you are successful in building up an effective DWI case, backed with powerful proofs and evidences then the prosecutor might be able to drop the accusations all together against you. To attain any certified assistance and to appoint a top DWI lawyer in New Jersey you can speak to Attorney Reisig & Associates LLC. He will take you efficiently through the complete process of DWI.