New Jersey Criminal Defense Blog

As everybody in America must know by now, Lindsay Lohan was arrested for driving under the influence and cocaine possession in Los Angeles around 2 a.m. on Tuesday, July 24. What caught our eye is the report, on celebrity gossip site TMZ.com, that she cooperated with the police in every way except for refusing to submit to a preliminary alcohol screening device -- such as a breathalyzer -- at the scene. In California, that’s not illegal for drivers over 21. In fact, it may be a good idea, because these devices are often inaccurate and there is no legal penalty for politely refusing to take the test. Unfortunately, in New Jersey, those who refuse a breathalyzer do face legal penalties: If convicted of driving under the influence, their licenses will be suspended for at least seven months.

In New Jersey, a second DWI offense would put Lohan on the hook for at least 48 hours’ worth of jail time but no more than 90 days, none of which may be served with probation; 30 hours of community service; and $1,200 to $1,700 worth of fines, charges and fees, plus three years of $1,000 DMV surcharges, for a total of almost $5,000 (not counting the higher auto insurance rates she would face). More importantly, Lohan’s license would be suspended for at least two years, and she may have to have an ignition interlock device -- a machine that tests a driver’s breath for alcohol before allowing the car to start -- put onto her vehicle for three years. (This is all in addition to the potential penalties for her cocaine possession charge.) Maybe that’s not a big deal to a movie star, but for the average New Jersey driver, the financial penalties alone would be a nightmare. Not to mention the two-year license suspension, which can also put a family in serious financial trouble if alternative transportation isn’t easy to find. And then there’s the stigma of being a convicted drunk driver for the rest of your life, even years after you’ve finished paying the penalties.