State of New Jersey, Plaintiff-Appellant v. John Widmaier, Defendant-Respondent

Summary

The Supreme Court held that the defendant's conditional response did not constitute unequivocal consent to a breathalyzer test, thus a refusal under N.J.S.A. 39:4-50.4a, and that the State's appeal of the municipal court's acquittal on the refusal charge is barred by double jeopardy principles. The DWI conviction was affirmed, and the court recommended revising the standard statement to eliminate ambiguity.