New Jersey § 12:7-57

§ 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.