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DUI Breath Test Refusal Charge Dropped against Drunk Driving Suspect

By Lependorf & Silverstein

According to an Associated Press article, charges were dropped against a suspect who refused to take a breathalyzer test because the police failed to make him aware of the consequences of his refusal. In 2007, Plainfield police responded to a car accident involving two cars, one of which was driven by the suspect who police believe had been driving drunk. The police first asked the suspect to show his license in English. Because the suspect failed to respond, the police asked the suspect to show his license in Spanish and he obeyed. Although the police initially gave orders to the suspect in Spanish, they spoke to the suspect in English for the remainder of the police questioning. When police told the suspect in English that he would lose his license for 7 months, if he refused the alcohol breath test, he shook his head and pointed to his eye...continue to full post

Full post as published by New Jersey Criminal Defense Blog on July 27, 2010 (boomark / email).