New Jersey DWI/Refusal – Did the Officer Read You the Implied Consent Warning?
In all states, including New Jersey, after a DWI arrest, a police officer must read a “standard statement” that contains a warning that the motorist must submit to breath testing when probable cause exists to believe the person is under the influence of alcohol.
The implied consent form includes some pretty alarming language that should make anyone hearing it sit up and take notice, even if the person is in a bit of an altered state. So, when I speak to clients who say that they don’t recall being read anything prior to being asked to submit to breath testing, I think that is a significant issue to explore.
For example, the most significant part of the statement sets forth the potential penalties for failure to submit to the testing: