NJ DWI Sentence May Be Effected By Prior Breath Test Refusal
A question was recently answered by the New Jersey Appeals Court about what effect, if any, a prior breath test refusal may have on a subsequent DWI conviction. Can the prior refusal “count” as a violation for sentencing?
In New Jersey, there is a long-standing precedent that in circumstances like the one presented on appeal, the prior offenses are not to be considered in making a sentencing determination. Since this established precedent required that these offense not be taken into account, the lower court did not sentence the defendant as a third-time offender, but rather, only imposed a sentence appropriate for a first-timer.
The Appellate Court did not agree with the lower court’s reasoning. Instead, the New Jersey Appellate Division adopted the state’s position that the defendant should have been sentenced as a third-time offender based on the earlier offenses. This ruling constitutes a significant change from the established precedent. According to the decision, a prior refusal conviction now is not treated any differently from a prior conviction for DWI in determining sentencing for subsequent DWI convictions.
The Appeals Court found that there is no distinction made in the statute between a prior refusal and DWI conviction for the purposes of sentencing on subsequent DWI convictions. The Court came to this conclusion based on the plain language of the statute. Specifically, the Court noted that the terms offense and violation were not limited to the definitions provided under the specific section relating to the sentencing. Therefore, any DWI violation or offense, prior conviction for a DWI or merely prior conviction for a refusal, must be considered for subsequent DWI sentencing.
With this ruling, individuals that are arrested for DWI in New Jersey need to be aware of the potential consequences. Refusal of a breath test may be used to determine which sentencing rule is used in your case. This is yet another example of why talking to a criminal defense lawyer first, is critical to making the right decision.
In New Jersey, drunk driving and refusal carry some of the nation’s toughest penalties. If you are convicted, you may lose your license, face stiff penalties and even go to jail. Call an seasoned new jersey dui lawyer today. Contact our office online today. Our New Jersey dui lawyer will do everything he can.
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