What Can Happen if I Refuse a Breathalyzer Test in New Jersey?

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If you were charged with a refusal to take a breathalyzer test in New Jersey, you can expect serious consequences. Contact our firm today to speak with one of our skilled New Jersey criminal defense attorneys to ensure you and your rights are protected.

What is the New Jersey breath test refusal law?

Those who receive their driver’s license in New Jersey will need to provide their implied consent to submit to chemical tests. In exchange for the right to drive, drivers consent to submit to chemical testing under “implied consent” which links to an agreement between drivers and the state of New Jersey. Chemical tests include breath, urine, and blood samples. Drivers are required to submit to a breathalyzer test under state law if they are arrested for a DWI offense.

If you are found by a police officer with suspicion of driving while under the influence of alcohol, you will be asked to take a breath test. It is important to note that in this situation, law enforcement will need to explain your rights if you participate in a field sobriety test and a breathalyzer test.

What can happen if I refuse to submit to a breath test in New Jersey?

If you do not take a chemical breath test after being told to do so by law enforcement, you will face serious consequences. A first offense refusal can end up with a $300-$500 fine, a driving privilege suspension for 7-12 months, and a minimum of 12 hours at the Intoxicated Drivers’ Resource Center (IDRC). If you are charged with a second offense refusal, it can result in a driving privilege suspension for 2 years, a fine between $500 and $1,000, and 12 hours in the IDRC. A third or subsequent refusal may result in the suspension of your driving privileges for 10 years, a fine of $1,000, and at least 12 hours in the IDRC.

If you are pulled over by a police officer and refuse a breathalyzer test in a school zone, you will face the following penalties:

  • First offense: 1-2 years driving privilege suspension, $600-$1,000 fine, and 12+ hours in the IDRC
  • Second Offense: 4 years driving privilege suspension, $1,000-$2,000 fine, and 12+ hours in the IDRC
  • Third or Subsequent Offense: 20 years driving privilege suspension, $2,000 fine, 12+ hours in the IDRC

Do not hesitate to reach out to our skilled New Jersey criminal defense attorneys if you were charged with a DWI or a refusal to submit a breathalyzer test. Our dedicated legal team is prepared to do whatever it takes to protect you and your future.

Contact our Firm

The dedicated and compassionate attorneys at Vigilante Law Firm, P.C. would be happy to provide you with assistance in your case and help you protect your future when so much is on the line. Contact us today to schedule a consultation so we can assess the specific circumstances surrounding your lawsuit.

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