Union County Refusal Defense Lawyers: Breath Test Refusal
Were you arrested and asked to submit to a breath test? Did you refuse to provide the requested breath sample? If you find yourself in this predicament, our attorneys can assist you. Our legal team includes two former municipal prosecutors with at least 15 years of experience, and another lawyer with nearly 30 years on the defense. We are prepared to provide you with our advice and, if you choose, the services of a knowledgeable and seasoned refusal attorney. Gives us a call anytime 24/7 to arrange a free consultation or to pose questions to one of our lawyers. We can be reached at 1-877-450-8301 and hope you find the information on this page of assistance.
As a condition to the “privilege” of operating a motor vehicle in New Jersey, every license holder impliedly consents to submit to a chemical or breath test if requested to do so by law enforcement. When an individual fails or refuses to submit, he is customarily charged with Refusal to Provide a Breath Test or Sample under N.J.S.A. 39:4-50.4. The penalties for refusal to submit to a breath test are stiff under N.J.S.A. 39:4-50.4.
First Offense. For a first offense of refusal to submit to a breath test, an individual is subject to $300 to $500 in fines, is subject to a mandatory suspension of 7 to 12 months and must serve 12 hours in the Intoxicated Drivers Resource Center (IDRC). The suspension for a first offense of refusal may run concurrent or consecutive to any revocation imposed for DWI under section 39:4-50.
Second Offense. Upon conviction for a second offense of breath test refusal, an individual is exposed to a fine of $500 to $1,000, a 2 year drivers license suspension which must run consecutive to any DWI revocation, and must serve 48 hours in the IDRC.
Third Offense. A third offense of refusal carries a fine of $1,000, a motor vehicle license revocation of 10 years which must run consecutive to any DWI suspension, and again includes a referral to the Intoxicated Drivers Resource Center.
What We Can Do. Refusal charges are frequently viewed as open and shut cases by lawyers and prosecutors but the fact is that we are able to escape conviction on behalf of our clients all the time. While the defenses to a refusal may be limited, they are nevertheless fertile if presented properly. This is where the years of DWI and refusal experience possessed by our lawyers prove invaluable.
If you were charged with refusal to provide a breath test in a municipal court in Union County, we can help you. The lawyers on our staff have decades of experience defending refusal cases and would be happy to review the facts of your case to see how we can defend you. You can reach an attorney anytime 24/7 at 1-877-450-8301.
