Refusal to submit to a breath test is commonly referred to as the implied-consent law, N.J.S.A. 39:4-50.2. According to a recent bill approved by the New Jersey assembly committee has significantly curtailed and/or changed present law regarding defenses to a charge of refusing to submit to blood-alcohol testing.
On November 21. 2011, the Law and Public Safety Committee voted 8-1  to approve A-3400, the bill would amend N.J.S.A. 39:4-50. , to state that the warning requirements previously set by case law and/or statute is not an element of the refusal offense and that failure to receive the warning or lack of awareness of the consequences “shall not be a defense” to a refusal charge. The practically affect of this bill is that prior case law requiring a police officer to furnish the refusal statement to a defendant/motorist in his/her native language is overruled.
If you have been issued a refusal charge by a New Jersey State law enforcement officer then give Danny T. Matrafajlo for a free office or telephone consultation to discuss your rights especially to see if this newly introduced DWI/DUI legislation applies to your case.
