DWI and 'refusal' are two separate charges. the 'refusal' comes after the officer has decided that the driver has failed the 'field sobriety tests'. the statute requires that the driver submit to the breathyzer. the 'bar' is quite low. the driver must submit. the only way to win such a case is to use the videotapes of the stop and 'field tests' to demonstrate that the stop or tests were not justifed. we did win such a case on pleasantville, nj. the defense is expensive. ed dimon, esq. 732-797-1600
Answered on Apr 07th, 2014 at 11:05 AM