Can a driver be convicted for a DWI charge and for Refusal to Submit to a Breath Test?
In many cases, the driver will be charged with both a DWI and a Refusal charge. If a driver is convicted of both charges, then the Municipal Court judge has no alternative but to impose consecutive sentences on both convictions. Under New Jersey law these charges are considered to be separate offenses, and they do not merge at sentencing. In simpler terms, the penalties and the suspensions will be doubled. In many situations, an experienced attorney will be able to have one of these charges, either the DWI or Refusal conviction dropped. However, if the driver forces the court to have a trial, and if the BAC readings are high, then a Municipal Court almost always imposes two consecutive sentences, 7 months for the DWI and 7 months for the refusal charge. The total aggregate sentence will be a 14-month license suspension. In summary, a driver faces a lengthy license suspension, double fines, and double surcharges if he has a trial and if he is convicted of both charges. I have never seen
Related Questions
- What happens if a driver is convicted of Refusal to take the breath test and if he was driving within 1,000 feet of school property, including a school crossing zone?
- Can a driver be convicted for a DWI charge and for Refusal to Submit to a Breath Test?
- What if a driver is convicted of both DWI and for a Refusal to take a breath test?
