DUI and Refusal to submit breath test?

Question

I will put my question in other words to see if I get better response. I received 2 tickets DUI and Refusal to submit breath test on my New Jersey driver’s license in NJ. I live in Connecticut so after getting DUI (still not convicted) I changed my driver’s license to Connecticut driver’s license. Long story short…in court my DUI charges will be dismissed and I will plead guilty on refusal to submit breath test. Please reply to my following questions. Any reply will be greatly appreciated.


1. Will my conviction of refusal to breath test in NJ have any effect on my CT driver’s license? My DUI charges will be dismissed and I will have only conviction of breath test refusal.

2. Is refusal to submit breath test recorded on driving record? If yes, how long does it stay? Is it better to have refusal on record than DUI?

3. I am a permanent resident (green card holder). Can I go out of country and re-enter during the license suspension period?

Out of 5 answers only one is close to questions. Please focus on questions only. Jerry Springer I can watch on TV also. Thanks a lot...

Thanks a lot for the replies… one more question: - Does implied consent violation fall under crime involving moral turpitude? In NJ, there is no jail time for implied consent violation and all traffic violation including this are counted as quasi-criminal offenses. What does that mean?

Answer 1

Okay, here's some no-BS answers to your questions.

1. If CT has a reciprocal agreement with NJ which states that each state will inform the other of all traffic/criminal convictions in their state, the answer is yes. Additionally, if you got your CT driver's license while you were awaiting adjudication (trial) in NJ, CT may take action against you for that by revoking your license alltogether. I suggest you check the laws of CT and see what's what.

2. Yes, refusal of a breath test goes on your driving record. The official term for what you did is "Violation of the Impled Consent Ruling," which is a separate CRIMINAL - not traffic - offense in and of itself. Even if the cop can't prove in court that you were indeed intoxicated, if you refused the breath test he doesn't need to prove that. You can - and will - lose your license for a violation of the Implied Consent ruling. It stays on your driving record forever, but the points go away after a while. Check with your state to see how long the points stay. As for which is better, a DUI or an ICR violation, I'd say neither. They're both bad.

3. Yes. The suspension/revocation status of your license has no bearing on your status as a green card holder. You just can't drive to and from the airport.

As for the differences in punishment for an Implied Consent Violation conviction opposed to a DUI conviction, in most states the mandatory suspension time for an ICV violation is one year - automatically. The judge CANNOT change this - you WILL lose your license for a year. In a first-offense DUI charge, the judge can set the limits of suspension, but in most states the limit for first offense is a year and law allows the judge to rule for less than that. Again, check the laws in your state to be sure.

Hope this helps. Check my profile for my bona fides.

Answer 2

1

Answer 3

1. Look at your states laws for what can be dismissed and what is mandatory. Most cases if you refuse it is an automatic revocation. Depends on the judge really on your particular circumstances and the wording of the state traffic codes.

2. May be indefinite. Again depending you that state traffic codes. In Arizona we have records that state major offenses within the last 5 years.

3. I believe that would be a yes. Just don't be driving if the port of entry wants to , they can request a motor vehicle return from law enforcement and if you are revoked or suspended, they may not let you drive if you are alone, They may also call the local law enforcement to stop you if you do pass through.

Answer 4

Whenever you get your drivers license, you know all that little print on the application? Well, most people don't. It states that by signing that form, you are saying that you will submit to any breath or blood tests when asked to do so. Failure to comply may result in the suspension of driving privileges. You however, are not under any circumstance obligated to participate in any of the field sobriety tests. Those are all to be used against you in court. But for the breath test...you are supposed to do them. So you may be suspended for a while.
Good luck. And just a little personal advice, don't try to fight the system, unless you are loaded with funds to do so. You will not win. Instead, learn the system.

Answer 5

Yes, states can exchange driving record information, so it can affect your other license. Most states require you only have one license anyway - you have to be licensed in the state where you have your primary residence; so you may be committing a felony by having two. You should check, because if you are committing a felony, then you may end up leaving the country permanently. A refusal to comply will be taken by law enforcement as a DUI, so they have equal weight. Insurance companies normally consider them the same too, so either way your car insurance rate will go up.

Answer 6

1. It depends if NJ and CT enforce each others suspension. If you drive in NJ with your CT license you will still be suspended and subject to citation and impounding of car.

2. With a refusal your license is typically suspended longer than if you plead guilty to DUI. When you sign up for your license you promise to submit to a breath test if arrested for DUI.

3. Probably

Answer 7

In Texas, failure to take breath test can result in suspension of your license. As for your state, you can research this on the Internet. As for as green card holder, this is typical, get your butt and trouble then run back home. Go and stay.

Answer 8

Criminal Record Search Database : http://InfoSearchDetective.com

Answer 9

Brusha, brusha, brusha, with the new Ipana!

Answer 10

Go to A.A before you kill somebody.