New Jersey Man is Arrested Twice in 24 Hours for DWI
A New Jersey man was recently arrested twice in one day for driving while intoxicated (DWI). A call to the police about a dispute with another party resulted in the first arrest. After he refused to submit to a field sobriety test, the police charged him with a DWI. About three hours later, he returned to the site of the first arrest.
Police say that the man drove a motor vehicle belonging to a family member to confront the party that originally contacted the police. When the police arrived a second time, the man refused to submit to field testing and resisted arrest. He was later taken to police headquarters and again refused to provide breath samples.
The man was charged with a second DWI, resisting arrest, and disorderly conduct. He was held in police custody.
As we see it, the defendant has several problems in the aftermath of two DWI arrests. We don’t know if these arrests represented a first, second, third, etc. offense:
- If the man was arrested for a first DWI offense, he faces a maximum 30-day jail sentence, up to $500 in fines, and driver’s license suspension of three to 12 months.
- For a second DWI offense, the man faces up to 90 days in jail, at least $500 up to $1,000 in fines, and a maximum driver’s license suspension of up to 24 months.
- In either DWI offense, the man might be required to install an ignition interlock device (IID) on his vehicle. An IID prevents a driver from starting the vehicle if his or her breath test exceeds a predetermined blood alcohol content (BAC) limit.
Refusal to submit to field sobriety tests presents another serious problem for the accused. In New Jersey, the driver must submit to a breath test if arrested on a DWI charge. New Jersey has implied consent law (N.J.S.A. 39:4-50.2) says that if the driver is lawfully arrested by a police officer with probable cause to conclude he or she is driving while intoxicated, he or she must consent to chemical testing of breath to determine BAC.
It’s important that the breath test is taken at the time of the driver’s arrest. However, if the driver refuses to submit to testing, the officer can’t forcibly compel you to do so.
Refusal to take a field test can have consequences:
- A first refusal offense can result in a seven-month driver’s license revocation.
- A second refusal offense can result in a maximum 24-month driver’s license revocation.
- A third offense can result in a maximum 10-year driver’s license revocation.
This man needs an experienced DWI attorney in New Jersey right away.
If you or someone you care about is facing a DWI or DUI in New Jersey, contact The Law Firm of Christopher A. Brown in Atlantic City, NJ to arrange an initial case evaluation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.