DWI Breath Test Refusal Lawyer in New Jersey
South Jersey DWI Defense Attorney Helps Clients Fight Breathalyzer Refusal Charges in Camden, Gloucester, Burlington, Atlantic, Salem, Mercer, and Cape May County, NJ
In the state of New Jersey, police officers that are under the reasonable assumption that you may be driving drunk or influenced by drugs can and will administer a breathalyzer test. Under New Jersey state law, you imply your consent to this test simply by being on the road. Although refusing the breath test can seem like the optimal choice, seeing as first time offense penalties are less severe than a DUI/DWI conviction, it is usually not the best decision. Prosecutors and the police can use the very fact you refused the test against you in the court of law to have you convicted of driving while intoxicated. Whether you will be found guilty or not can often count on having the proper breath test refusal lawyer on your side. Contact Jill R. Cohen, Esq.’s office today for one of the best breath test refusal and DUI/DWI lawyers in New Jersey!
New Jersey Implied Consent Law and Chemical Breath Test Refusal Penalties and Fines
New Jersey breath test law, also known as an implied consent law, requires that any and every driver on the road submit to a chemical breath test, also called a breathalyzer or Alcotest, if a police officer requests the driver take one. If you refuse a breath test, you will be subject to face penalties in the court of law including fines and driver’s license suspension.
Under the NJSA 39:4-50.4a, the following penalties follow a breath test refusal conviction:
- First Offense: A monetary fine of between $300-$500 and a 7-12 months driver’s license suspension
- Second Offense: The fine is increased to between $500 to $1,000 and driver’s licenses are suspended for two years.
- Third Offense: A third refusal to submit to a breath test is punishable by a fine of $1,000 maximum and a 10-year license suspension.
Other penalties may be added to list above in the form of fines paid to the New Jersey Drunk Driving Enforcement Fund, and the driver will be required to satisfy certain requirements imposed by the Intoxicated Driver Resource Center (IDRC). One of the main requirements that one may face is the installation of a ignition interlock device that prevents one from starting their engine if they have been drinking alcohol.
Requirements of New Jersey Police Officers and Court Officials Following Breath Test Refusal in Salem and Gloucester County
Refusal to take the breath test is a separate offense and conviction from a DUI/DWI, and certain things must be proven in New Jersey criminal court in order to find you guilty. In general the court can only convict you if they can prove the five following things:
- The arresting officer had probable cause to believe that the driver was driving while drunk or under the influence of drugs based on assessment of the driver.
- The defendant was officially arrested by the officer and charged with the refusal offense.
- Actual refusal to take a chemical breath test which can include: Silence, not giving enough breath samples, giving a short or insufficient sized breath sample, delaying time of taking the test, or placing conditions such as making a phone call or using the bathroom before the test.
- The officer pulled over the car under probable cause of a DWI situation based on how the driver was operating the vehicle on the road.
- The chemical breath test was administered in accordance with New Jersey laws and requirements, including the officer reading the DMV Standard Statement 36 to the driver in question.
Contact a Skilled Breath Test Refusal Lawyer in the State of New Jersey for a Quality Legal Defense
If you are being charged with a breath test refusal offense, having a New Jersey defense attorney by your side with decades of experience in these types of court battles can make all the difference. Jill R. Cohen may be able to prove a wide variety of things in court to prevent a guilty verdict on breath test refusal, such as proving you were physically incapable, genuinely confused regarding your legal requirements, or that the police officer did not have probable cause or follow proper arrest and test administration procedures. Contact our office today for a free initial consultation about your breathalyzer refusal charges. Jill Cohen has been serving criminal defendants throughout New Jersey in Camden, Cherry Hill, Gloucester Township, Winslow, Pennsauken, Voorhees, Lindenwold, Haddon Township, Collingswood and Haddonfield.