“… the NJ Legislature working in tandem with the Courts, has consistently sought to streamline
the implementation of DWI laws and to remove obstacles impeding the efficient and successful
prosecution of those who drink and drive.” State v. Tischio, 107 NJ Super 504 (1987).
If your Blood Alcohol Concentration (“BAC”) exceeds .08% you are presumed guilty of a DWI
offense. The most popular method of determining your BAC is the Breathalyzer machine also known as
the Alcotest. Pursuant to NJSA 39:4-50.4a and NJSA 39:4-50.2 it is presumed that any person who
operates a motor vehicle within the State of New Jersey is deemed to have given their consent to the
taking of the Alcotest. In other words, if a police officer determines that you were driving a vehicle while
under the influence and he/she requests that you submit to a Breathalyzer test you MUST do so without
Should you refuse to submit to an Alcotest the government must prove the Refusal Offense
beyond a reasonable doubt. The government must establish that the arresting officer had probable
cause to believe that you were driving a motor vehicle within the state; while under the influence; you
refused the Alcotest when requested by a police officer and the authority’s attempt to administer the
Alcotest was consistent with the aforesaid statutes. Pursuant to current case law your consent must be
absolute. You may be convicted if you do not respond to a police officer’s request to take the test;
attempt to delay the test; place a condition or fail to provide an adequate sample so that the Alcotest
fails to function properly.
Your failure to submit to an Alcotest will be used against you as evidence of the DWI offense. In
other words, you may be convicted of both the refusal as well as the DWI. Moreover, if you are
convicted of both the DWI and refusal offense the penalties will not run concurrent but will rather run
consecutively. In other words, that seven (7) month suspension for the DWI and the refusal is not seven
(7) months as said penalty is for each offense or fourteen (14) months. Get comfy with public
transportation for the next year plus.

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