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New Amendmant to Statement read to DWI Arrestees

July 9, 2012

The Attorney General’s Office has revised the statement police officers make to those driving under the influence and for refusing to submit to a blood alcohol test. The law regarding driving under the influence has not changed, however the statement now clearly defines each of the consequences for refusing to submit to a breathalyzer test. The statement will now include that refusal to submit to a breathalyzer test will result in a required installation of an ignition interlock.

“If a court finds you guilty of the refusal, you will be subject to various penalties, including license revocation of up to 20 years, a fine of up to $2,000, installation of an ignition interlock, and referral to an Intoxicated Driver Resource Center. These penalties may be in addition to penalties imposed by the court for any other offense of which you are found guilty.”

The installation of these devices became effective January 14th, 2010 for those that refused to submit to a breathalyzer and for those convicted of a DWI. First-time DWI offenders with a blood-alcohol content over .15 percent would be required to have the device installed for at least six months after the period of license suspension. Those under the .15 percent would be required if a judge deems it necessary. In addition to the fees for receiving a DWI, an interlocking device costs hundreds to install with a monthly fee.

We ask that if you are going out to have a drink or two to always have a designated driver or to call a taxi for a ride home.

You can find additional detail about driving under the influence from the State of New Jersey Website.

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