New Jersey § 12:7-57
Full text of New Jersey New Jersey Statutes § 12:7-57, with citation guidance and answers to common questions.
§ 12:7-57.
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 Division of Mental Health and Addiction Services in the Department of Human 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 Division of Mental Health and Addiction Services 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.
Frequently Asked Questions About New Jersey § 12:7-57
What does New Jersey Statutes § 12:7-57 cover?
Section 12:7-57 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 12:7-57?
A common citation format is "New Jersey Statutes § 12:7-57" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 12:7-57 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.