Refusing a Breath Test in New Jersey: Legal Consequences and How a DUI Lawyer Can Defend You
If you’re pulled over in New Jersey on suspicion of driving under the influence (DUI), you may be asked to take a breath test to measure your blood alcohol concentration (BAC). Refusing to take this test comes with serious legal consequences, but there are defenses available.
Understanding the penalties for breath test refusal and how a DUI defense lawyer can help is critical for anyone facing these charges.
What is New Jersey’s Implied Consent Law?
New Jersey operates under an Implied Consent Law, which means that by driving on New Jersey roads, you automatically agree to submit to a breath test if a law enforcement officer has reasonable grounds to believe you’re driving under the influence. Refusing this test doesn’t prevent a DUI charge; in fact, refusing the test itself can result in additional penalties.
Legal Consequences of Refusing a Breath Test in New Jersey
Refusing a breath test in New Jersey triggers penalties under state law, which are separate from any consequences related to a DUI conviction. The severity of the penalties increases with each subsequent refusal.
First Offense
For a first-time breath test refusal, the penalties include:
- Fines ranging from $300 to $500
- License suspension for 7 months to 1 year
- Installation of an ignition interlock device for up to 12 months following license restoration
- Mandatory participation in the Intoxicated Driver Resource Center (IDRC)
Second Offense
For a second breath test refusal, the consequences are more severe:
- Fines ranging from $500 to $1,000
- License suspension for 2 years
- Mandatory installation of an ignition interlock device for up to 3 years after your license is reinstated
- Mandatory IDRC participation
Third Offense
For a third refusal or subsequent refusals, the penalties include:
- Fines of $1,000
- License suspension for 10 years
- Installation of an ignition interlock device for up to 3 years after license reinstatement
- Mandatory IDRC participation
These penalties are in addition to any consequences you may face if you’re convicted of a DUI.
How Breath Test Refusal Affects a DUI Charge
Refusing a breath test does not prevent a DUI charge. In fact, even without a BAC reading, law enforcement can pursue a DUI conviction based on other evidence such as:
- Field sobriety test results
- The officer’s observations (e.g., slurred speech, erratic driving, the smell of alcohol)
- Witness testimony
In some cases, refusing a breath test can even work against you in court, as prosecutors may argue that refusal indicates a consciousness of guilt.
Defenses Against Breath Test Refusal Charges
Although breath test refusal carries serious penalties, an experienced breath test refusal lawyer can explore several defense strategies. Some of these defenses include:
1. Challenging Reasonable Suspicion for the Traffic Stop
For a breath test to be requested, the police officer must have reasonable suspicion that you were driving under the influence. If your lawyer can prove that the officer had no legitimate reason to pull you over, the breath test refusal charges may be dismissed.
2. Failure to Properly Explain the Consequences
Before administering a breath test, the officer is required to inform you of the legal consequences of refusing the test. If this was not properly communicated, your refusal may be invalidated, and the charges could be dropped.
3. Lack of Probable Cause for the Arrest
Even if the officer had reasonable suspicion to pull you over, they also need probable cause to arrest you for a DUI before requesting a breath test. If the arrest was made without sufficient cause, your lawyer may argue that the subsequent breath test refusal should not be penalized.
4. Medical Conditions
In some cases, a person may have a legitimate medical reason for refusing or being unable to take a breath test. For example, individuals with respiratory issues such as asthma or other breathing problems may be physically unable to provide a sufficient breath sample. If a valid medical condition exists, it could be used as a defense against the refusal charges.
Why You Need a DUI Defense Lawyer
Navigating breath test refusal charges can be complicated, especially when facing both DUI and refusal penalties. A skilled DUI defense lawyer will analyze the specifics of your case, determine the strength of the evidence against you, and craft a defense strategy tailored to your situation.
Here’s how a DUI defense lawyer can assist with your case:
- Evaluating Police Procedures: Your lawyer will carefully review whether law enforcement followed proper procedures during the traffic stop, arrest, and breath test request.
- Challenging Evidence: In some cases, your attorney may challenge the validity of the evidence, such as field sobriety test results or the officer’s observations.
- Negotiating Penalties: An experienced DUI lawyer may be able to negotiate with prosecutors to reduce the charges or minimize the penalties you face.
- Representation in Court: If your case goes to trial, your lawyer will represent you and fight for the best possible outcome.
How Breath Test Refusal Affects Your Driving Privileges in New Jersey
Refusing a breath test not only subjects you to fines and penalties, but it also affects your driving privileges. In New Jersey, license suspensions for breath test refusal are mandatory, meaning you will not be able to drive for the duration of the suspension. Additionally, in most cases, you will be required to install an ignition interlock device in your vehicle once your driving privileges are restored. The device requires you to blow into a breathalyzer before the car will start, ensuring that you are not under the influence while driving.
Contact Gelman Law, LLC – Your Skilled DUI Defense Lawyers if Facing Breath Test Refusal Charges in New Jersey
If you’ve been charged with refusing a breath test in New Jersey, it’s important to act quickly and seek legal assistance. The experienced DUI defense lawyers at Gelman Law, LLC are ready to help you navigate the legal process, protect your rights, and fight for the best possible outcome.
Contact us today at 856-861-4236 or through our online contact form to schedule a consultation and discuss your case.
