In New Jersey, If you are stopped for suspicion for a possible DUI/DWI, at some point you might be asked by the police to blow into a machine for your breath reading. N.J.S.A. 39:4-50 makes clear that if a police officer has probable cause to believe you might have consumed some alcohol that is affecting your ability to operate a motor vehicle you are required to provide a breath sample if asked.

If you refuse to blow into the machine, or attempt to blow but do not produce enough air for a valid reading, in addition to being charged with a DUI/DWI, you will also be charged with a refusal under N.J.S.A. 39:4-50.2 and face penalties that are very serious and often equal or worse to the same penalties for the DUI/DWI. Even if it is later determined that you were not under the influence and can get the DUI/DWI dismissed, the refusal penalties will still remain.

However, the DUI/DWI refusal laws in New Jersey were recently changed. If this is your first offense, and you do not blow into the machine, penalties will now include an indefinite forfeiture of driving privileges until the you install an ignition interlock for a term ranging from 9 to 15 months. This means that if this is your first DUI/DWI and you are convicted, there is still a path that will allow you to drive by getting a restricted “machine only” license. This is true almost every case that involves a first time offense when there is a refusal.

A restricted license is also available if you do blow into the machine and your reading is over the limit of .08 but is under .15. However, if you blow into the machine and your reading is higher than a .15 you are now subject to a minimum of a 4-month loss of driver’s license before you can put a machine on your car and be eligible for a restricted license.

This means that changes to law now have an unintended consequence. For the first time, if you believe that your reading is going to be very high, it now might be better not to blow into the machine on a first offense. Although refusing will lead to an almost certain conviction, and you will lose many defenses on the DUI/DWI that you might have, it will almost virtually guarantee that you will now be eligible for that restricted license.

If you do not blow on a first offense, you will likely face higher fines and you could lose many possible legal defenses on the DUI/DWI charge. You will face other mandatory penalties including IDRC classes, an interlock, and all of the consequences of a DUI/DWI conviction based on observations of the officer. However, without out a reading you will have a path to a “restricted license” and still be able to drive. If you have ever been stopped for a DUI/DWI or refusal in New Jersey feel free to give me a call at 973 686-9787 or contact us online for your free consultation.