Refusal to submit to a chemical breath test, what is required for a conviction?

A person operating a motor vehicle in the State of New Jersey is required, upon police officer demand, to submit to a chemical breath test. In the State of New Jersey most precincts conduct chemical breath tests for alcohol via Alcotest 7110 (which is manufactured by Drager).

Notwithstanding, there are legal protections provided to New Jersey motorist before he/she is required to submit to a chemical breath tests. Does a person arrested for DWI have to submit to a chemical breath test? Yes, but certain conditions must be met by the arresting police officer. If the arresting police officer meets these conditions the defendant/motorist will be charged and convicted for refusal to submit to a chemical breath test (which results in an automatic license suspension).

Refusal to submit to a breath test is governed by N.J.S.A 39:4-50a and N.J.S.A. 39:4-50.2. To sustain a conviction for refusal under N.J.S.A. 39:4–50.4a(a), the State must prove each of the following elements beyond a reasonable doubt:

(1) the arresting officer had probable cause to believe that defendant had been driving or was in actual physical control of a motor vehicle while under the influence of alcohol or drugs; (2) defendant was arrested for driving while intoxicated; (3) the officer requested defendant to submit to a chemical breath test and informed defendant of the consequences of refusing to do so; and (4) defendant thereafter refused to submit to the test.

If you have been issued a summons for DWI or Refusal to Submit to a Breath Test, give New Jersey DWI Lawyer Dan T. Matrafajlo for a free office consultation to discuss your rights and/or possible defenses.

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