Refusal to Submit to a Breath Test

Refusal to Submit to a Breath Test Attorney Monmouth and Ocean County NJ

DWI Attorney Answering Drivers’s Questions in towns such as Wall, Sea Girt, Pt Pleasant, Brick, Toms River, and across the Jersey Shore

Refusal to Submit to a Breath Test Attorney Monmouth and Ocean County NJMany people mistakenly believe that it is in their best interests to refuse to submit to a chemical breath test when they are pulled over on suspicion of drunk driving. However, refusing the Alcotest is actually the worst thing you can do in this situation. Once you refuse a breath test, contesting your DWI charges becomes extremely difficult because the refusal itself is a violation of NJ state law.

Hamilton NJ DUI Refusal Lawyers

The trial lawyers at Bronzino Law Firm can help you beat your DWI or Refusal charges. We have more than 40 years of experience handling these kinds of cases throughout Mercer County, NJ, including Wall, Sea Girt, Pt Pleasant, Brick, and Toms River. Call Peter Bronzino today to discuss your case and determine the next step in your defense.

NJ Refusal Statute: N.J.S.A. 39:4-50.4a

It is important to understand that N.J.S.A. 39:4-50.4a allows law enforcement to charge you with Refusal even if you do not explicitly refuse to take the test. For example, remaining silent when the officer asks for your consent is the same as an outright refusal.

Penalties for Refusal in Mercer County

A conviction for Refusal in New Jersey can have significant consequences. The penalties vary, depending upon the number of prior offenses.

First Refusal Offense:

  • Driver’s License Suspension: 7 months–1 year
  • Fine: $300–$500
  • Motor Vehicle Commission (MVC) Surcharges: $3,000 over 3 years
  • Intoxicated Driver Resource Center (IDRC): 12–48 hours of alcohol education classes and treatment
  • Ignition Interlock Device: Required installation on all of your vehicles for 6 months–1 year upon return of your driver’s license

Second Refusal Offense:

  • Driver’s License Suspension: 2 years
  • Fine: $500–$1,000
  • MVC Surcharges: $3,000 over 3 years
  • IDRC: 12–48 hours of alcohol education classes and treatment
  • Ignition Interlock Device: Required installation on all motor vehicles for 1–3 years upon return of your license

Third Refusal Offense:

  • Driver’s License Suspension: 10 years
  • Fine: $1,000
  • Motor Vehicle Commission (MVC) Surcharges: $4,500 over 3 years
  • Intoxicated Driver Resource Center (IDRC): 12–48 hours of alcohol education classes and treatment
  • Ignition Interlock Device: Mandatory installation on all of your vehicles for 1–3 years following the return of your license

Additionally, if you are charged with Refusal in a School Zone, you face enhanced penalties. This happens more often than you might think since NJ law defines “school zone” very broadly to include any area where juveniles are crossing and present.

Penalties for DWI and Refusal in Brick, NJ

Even if you do not take the chemical breath test, you can be charged with a drunk driving violation because New Jersey courts may use your refusal to infer guilt on the related DWI charge. This means that you will face charges for the DWI and additional charges for refusing the breath test. Worst of all, judges are able to impose sentences for DWI and Refusal consecutively; when your first sentence is over, you will then have to begin your second sentence.

Free Consultation with Sea Girt DUI Attorneys

The team at Bronzino Law Firm understands how important it is for you to maintain your driving privileges. That’s why we will do everything possible to help you beat your refusal charges and keep your license. Contact us online or through either our Brick, NJ office or our Sea Girt, NJ office at 732-812-3102.