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Enjoying the beaches of Atlantic County, New Jersey is high on many people’s lists. The coastal county has plenty of fun activities that sometimes include the consumption of alcohol. The fact that it is a destination county does not reduce the consequences of drinking and driving in New Jersey. A DWI conviction in Atlantic County may only be a traffic ticket, but it will have long term effect on your life. When stopped in New Jersey for a possible driving while intoxicated offense, the police officer will try to determine if you are indeed intoxicated. He or she may do the standard observational test, such as walking a straight line, and a chemical test, such as breath testing. The police officer can use either type of test in court as proof of your intoxication. Even though it is not required, both types of tests are usually given to confirm intoxication.

The legal limit in New Jersey is a BAC of .08%. Once arrested, you may decide to refuse a chemical test. If you refuse a chemical test, your license can be suspended, even if you were not intoxicated. In New Jersey, driving is considered a privilege and not a right. One of the requirements drivers must meet is to submit to chemical testing if a police officer believes there is reasonable grounds that the driver was intoxicated.

Chemical tests include breath, blood, and urine. In New Jersey, a driver suspected of DWI has the legal obligation to provide breath samples. However, the law does not require that a driver submit blood or urine samples. Blood and urine samples are usually used to check for the presence of drugs.

Refusing a DWI chemical test is a traffic ticket, just like a charge of DWI. If the officer was able to do an observational test, the prosecution may still be able to convict you of DWI without the chemical test. In that case, there will be two charges, instead of just one. For the refusal, Atlantic County Municipal Courts will have to determine whether or not a refusal occurred, and would suspend your license if you are found guilty.

For a DWI charge, the courts will determine whether or not you were driving a vehicle while you were intoxicated. If you are found guilty of both, you will serve the penalties for both offenses. This can mean double the fines and increase the term of license suspension. In fact, the license suspension period for a first offense DWI is actually shorter than the suspension period for refusing to take a DWI chemical test. Here are the standard charges for refusing a DWI chemical test:

DWI Refusal First Offense

  • $300- $500 in fines (plus additional court fees)
  • DMV Charge of $1000/year for three years
  • 7 months to a year license suspension with ignition interlock

DWI Refusal Second Offense

  • $500- $1,000 in fines (plus additional court fees)
  • DMV Charge of $1000/year for three years
  • 2 years license suspension with ignition interlock

DWI Refusal Third Offense

  • $1,000 fine plus court costs
  • 10 years license suspension with ignition interlock

Enjoy your time in Atlantic County, New Jersey, but if you are stopped for a possible DWI, cooperate with the police officers. Contact Information for Atlantic County Municipal Courts:

Atlantic County Sheriff’s Office

4997 Unami Boulevard Mays Landing, NJ 08330 Phone: 609-909-7200 Fax: 609-909-7292 http://www.acsheriff.org/ Email

Atlantic County Criminal Court Complex

4997 Unami Blvd. Mays Landing, NJ 08330 (609) 625-7000 webmaster.mailbox@judiciary.state.nj.us

http://www.judiciary.state.nj.us/atlantic/index.htm

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NJ DWI Call: (856) 429-2323 

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