Refusal to Submit to Breath Test

Tinton Falls Breath Test Refusal Attorneys

New Jersey requires that all applicants for a driver’s license consent to provide a breath sample upon request by a police officer as a implied condition of the privilege to operate a motor vehicle. If a valid request is made with the suspect refusing to provide a sample, they can be issued a summonses under N.J.S.A. 39:4-50.4. They can also typically expect to receive a companion but separate violation for driving while intoxicated ticket. Both of these violations carry severe penalties, even for a first offense, so it is crucial that you hire an experienced attorney if you are facing these offenses. The Tinton Falls DWI refusal attorneys at Marshall, Bonus, Proetta & Oliver encompass one of the most credentialed defense teams in New Jersey and Monmouth County. We possess over 100 years of experience between us, include several former DUI prosecutors, and employ three of the less than ten lawyers statewide who are dual certified on the Alcotest and as instructors in Standardized Field Sobriety Testing by the National Highway Traffic Safety Administration. To learn more about how our lawyers can assist you, contact our law firm today at (732) 542-1023. You will be provided with a free consultation from an experienced Refusal attorney.

N.J.S.A. 39:4-50.2: Implied Consent to a Breath Test

In accordance with N.J.S.A. 39:4-50.2, a driver is “deemed to have given his consent to the taking of samples of his breath…to determine the content of alcohol in his blood” when there exists “reasonable grounds to believe that such person has been operating a motor vehicle” while under the influence of an intoxicating liquor or narcotic. The New Jersey Refusal statute requires that the driver is made aware of his rights and of the consequences of refusing a breath sample. In order to fulfill the requirement, the police officer must read a standardized statement from the director of the Motor Vehicle Commission. If the individual continues to refuse to consent to a breathalyzer after being read this statement, he or she is charged with “refusal” under 39:4-50.4 and is exposed to the following penalties:

  • License Suspension. For a first offense breath test refusal, an offender faces a seven (7) month license suspension. A second offender is subject to a two (2) year license suspension. An offender with three or more breath test refusals is exposed to a ten (10) year license revocation.
  • Fines. For a first offense refusal, a fine of $300-$500 will be imposed, for a second offense the fine will be between $500-$1,000, and for a third or subsequent refusal the fine will be $1,000.
  • Ignition Interlock. For a first offense refusal, an ignition interlock device must be installed during the period of license suspension and for between 6 months and 1 year immediately following the restoration of the offender’s driving privileges. For any repeat offender, the interlock device must be installed during the license suspension and for a period between one (1) and three (3) years immediately following the restoration of the driver’s license

Refusal Attorney in Tinton Falls New Jersey

The consequences of a conviction for refusal are certainly significant, especially when you consider that these penalties apply on top of those triggered for DWI. This is one of many reasons for taking the process for selection of an attorney very seriously. Achieving a favorable outcome in your case will have nothing to do with plea bargaining or cozy relationship with the prosecutor or judge as it is wholly illegal to dismiss these types of charges without a valid legal basis. Identifying and successfully presenting issues to create responsible doubt is what is pivotal and there is no better weapon in reaching this threshold than a highly skilled attorney. The lawyers at our firm possess this pedigree and are available to assist you now at 732-542-1023.

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