12:7-57 Refusal to submit to chemical test; revocation of privileges, fines
12:7-57 Refusal to submit to chemical test; revocation of privileges, fines9. a. A court shall revoke the privilege of a person to operate a power vessel or a vessel which is 12 feet or greater in length, if after being arrested for a violation of section 3 of P.L.1952, c.157 (C.12:7-46), the person refuses to submit to the chemical test provided for in section 7 of P.L.1986, c.39 (C.12:7-55) when requested to do so. The revocation shall be for one year unless the refusal was in connection with a second offense under section 3 of P.L.1952, c.157 (C.12:7-46), in which case the revocation period shall be for two years. If the refusal was in connection with a third or subsequent offense under section 3 of P.L.1952, c.157 (C.12:7-46), the revocation shall be for 10 years. The court also shall revoke the privilege of a person to operate a motor vehicle over the highways of this State for a period of: not less than seven months or more than one year for a first offense; two years for a second offense; and 10 years for a third or subsequent offense. The court shall also fine a person convicted under this section: not less than $300 nor more than $500 for a first offense; not less than $500 or more than $1,000 for a second offense; and $1,000 for a third or subsequent offense.
b.The
court shall determine by a preponderance of the evidence whether the
arresting officer had probable cause to believe that the person had been
operating or was in actual physical control of the vessel while under
the influence of intoxicating liquor, or a narcotic, hallucinogenic or
habit-producing drug, whether the person was placed under arrest, and
whether the person refused to submit to the test upon request of the
officer. If these elements of the violation are not established, no
conviction shall issue.c.In
addition to any other requirements provided by law, a person whose
privilege to operate a vessel is revoked for refusing to submit to a
chemical test shall satisfy the screening, evaluation, referral and
program requirements of the Bureau of Alcohol Countermeasures in the
Division of Alcoholism in the Department of Health and Senior Services.
A fee of $40 shall be payable to the Alcohol Education, Rehabilitation
and Enforcement Fund established under section 3 of P.L.1983, c.531
(C.26:2B-32), by the convicted person in order to defray the costs of
the screening, evaluation and referral by the Bureau of Alcohol
Countermeasures and the cost of an education or rehabilitation program.
Failure to satisfy this requirement shall result in the immediate
revocation of the privilege to operate a vessel on the waters of this
State or the continuation of revocation until the requirements are
satisfied. The revocation for a first offense may be concurrent with or
consecutive to a revocation imposed for a conviction under the
provisions of section 3 of P.L.1952, c.157 (C.12:7-46) arising out of
the same incident; the revocation for a second or subsequent offense
shall be consecutive to a revocation imposed for a conviction under the
provisions of section 3 of P.L.1952, c.157 (C.12:7-46).d.In
addition to any other requirements provided by law, a person convicted
under this section shall be required after conviction to complete a boat
safety course from the list approved by the Superintendent of State
Police pursuant to section 1 of P.L.1987, c.453 (C.12:7-60), which shall
be completed prior to the restoration of the privilege to operate a
vessel which may have been revoked or suspended for a violation of the
provisions of this section. Failure to satisfy this requirement shall
result in the immediate revocation of the privilege to operate a vessel
on the waters of this State, or the continuation of revocation until the
requirements of this subsection are satisfied.L.1986,c.39,s.9; amended 1995, c.401, s.42; 2004, c.80, s.4.http://njlaws.com/RefusalToSubmitToChemicalTest.html?id=6523&a=
