Defense of New Jersey DWI and Criminal Cases
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Location: New Jersey DWI Lawyer 609 Main St. Toms River, NJ - 08753
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Phone:
201-214-4444
732-282-1394 (1DWI)
In New Jersey, if you refuse to take a chemical test when suspected of driving under the influence (DUI), you can face serious consequences. We can protect your rights when charged and facing prosecution.
A Primer on New Jersey Refusals
New Jersey’s DUI refusal law is based on New Jersey’s Implied Consent Law, which positively establishes that all motorists implicitly agree to chemical testing if they are suspected of being under the influence.
Even if you are not driving under the influence in New Jersey, refusing to take a breath or blood test can result in severe penalties, provided that probable cause to have demanded breath testing is upheld by Court review. Refusal deprives the State of evidence possibly proving a DUI. It is a separate offense from a DWI charge.
If you find yourself in this situation, early contact with a DUI lawyer in New Jersey can make a difference. An experienced lawyer can protect your rights and put the State to its proofs.
You should know that even if a DUI charge were dismissed, in most cases the refusal charge stands.
Does Refusing a DUI Test Help?
Many drivers believe a DUI conviction can be avoided by refusing a breath or blood test. However, in New Jersey, this approach can backfire.
DUI charges are separate from refusal charges; each carries penalties, in many cases including license suspensions.
Under New Jersey case law, the State could argue refusal as proof of guilt in court.
Seek the help of an experienced defense attorney if you are weighing your options in a DUI case.
What Happens if You Refuse a Blood or Breath Test in New Jersey?
Under New Jersey’s Implied Consent Law, refusing to submit to a breath test carries mandatory penalties upon conviction. Refusal penalties increase with subsequent offenses, and the law provides for significant penalties.
First Time Refusal
1st offense — Refusal to Submit to a Breath Test: $300 to $500 fine and a license suspension until ignition interlock device (IID) installed. For a period of 9 to 15 months a motor vehicle must have an ignition interlock device. NJMVC will collect $1,000 per year for three years as a surcharge. A $100 payment to the DDEF is collected. This penalty applies even if you are ultimately acquitted of the DUI charge.
2nd offense — You will be fined between $500 and $1,000, and the court will suspend your license for between 1 to 2 years and require you to install an IID for 2 to 4 years. NJMVC will collect $1,000 per year for three years as a surcharge. A $100 payment to the DDEF is collected. This penalty applies even if you are ultimately acquitted of the DUI charge.
You will also be required to do an alcohol education program in the IDRC for at least 48 hours, which will cause further inconvenience and cost.
3rd offense — For a period of 1 to 2 years any motor vehicle driven must have an IID. The court will impose an 8-year suspension of your driver’s license, a $1,000 fine, mandatory IID installation and referral to IDRC. A $100 payment to the DDEF. NJMVC will collect $1,500 per year for three years as a surcharge. These penalties are severe, and you can’t afford not to have an experienced defense attorney.
If you are charged for refusing a chemical test, contact the Law Offices of Bartholomew Baffuto to protect your rights and determine your defense options. Defend the charges against you.
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