Cranford Police claim that a Newark man refused to submit to a breath test during a driving while intoxicated investigation that followed a minor traffic accident on Sunday evening. Police were called to North Avenue East shortly before 11:00 to investigate a two-car crash. Authorities say that the driver of one of the vehicles had left the scene after his GMC Envoy bumped the back of another vehicle.

An officer spotted a GMC along North Avenue and the sergeant pulled over the Envoy. Police suspect that the 61-year-old driver was under the influence. The driver was arrested on several offenses, including DWI and leaving the scene after a car accident. However, at the police station, law enforcement claims that the man refused to provide a breath sample under New Jersey’s implied consent law. Few details about what police think constitutes a test refusal are revealed in a recent report in the Cranston Chronicle.

Breath-test refusal allegations in New Jersey can bring significant consequences. First, a driver can lose his or her driver’s license related to a refusal charge. The length of time of the revocation is at least seven months for a first-time offense. The revocation period and potential fines go up with subsequent offenses. Additionally, in general, a test refusal may be used as evidence in a DWI case.

New Jersey DWI defense lawyers know that not all DWI test refusal cases are without procedural or constitutional flaws. A person accused of DWI should consider speaking with legal counsel as soon as possible to have the facts and procedures analyzed in a specific case.

Source: Cranford Chronicle, “Newark man charged with DWI following crash near Cranford train station,” March 25, 2014