Legal Question in DUI Law in New Jersey
My son has two prior DUI in South jersey. He was recently arrested for a third. When arrested he refused the breathalyzer test. He has been to court and they could not prove the dui and dropped that charge. They charged him with refusal. It was the first time he refused to take the breathalyzer test, and they gave him the penalty for a third time refusal. Shouldn�t he have the penalty of a first time refusal? They have suspended his license for ten years. I have looked and looked for an answer to this. Your input would be appreciated.
2 Answers from Attorneys
For sentencing purposes dui and refusal convictions are counted as being the same thing. Two
dui convictions plus a refusal conviction gets you the same penalty as when you have three
dui convictions.
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Gary Moore
A prior dwi conviction is regarded as a "prior" conviction under the nj refusal statute. Assuming the last dwi offense was within ten years of the current offense, the proper and legal sentence was a ten-year license revocation.
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