Fred Sisto Criminal Lawyer Monmouth and Ocean County

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DUI Law Change

While we await the return of DUI checkpoints at the Jersey Shore, here is important information to consider. In December of 2019, sweeping changes were made to our DUI laws. An important change relates to breath test refusals.

The law before December 1, 2019 punished offenders who refused a breath test with the same enhanced penalties as someone who was more than double the legal limit (.15+ BAC). Now, first offenders who refuse a breath test are not subject to a mandatory loss of license. On the other hand, first offenders who submit a result that is more than double the legal limit are subject to a mandatory 4 to 6-month loss of license. Therefore, if you are a first offender and believe your BAC (blood alcohol content) is more than double the legal limit, there is now an advantage to refusing a breath test. While this particular DUI law calls for lesser penalties, the trend for most DUI-related offenses continues to favor harsher penalties. Therefore, your best bet is to make plans for a sober driver.

We look forwarding to keeping you updated on all known DUI checkpoint locations upon their return. Have a great summer!

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