One of the most common questions in DUI/DWI law is, “Do I have the right to refuse to take a breath test?” In New Jersey, the answer is no. Under a law commonly called the New Jersey refusal law, everyone who drives on the roads in our state is considered to have given their consent to breath tests to measure blood alcohol content (BAC).
You need to take action immediately if you refused to take a chemical test, whether it was a breath, blood or urine test. The Fort Lee breath test refusal lawyers at Jae Lee Law will explain your rights and investigate the issue. In some situations, refusal charges are improper and can be defeated by a skilled defense attorney.
Bergen County DUI Defense Lawyers for Breathalyzer Refusal Issues
N.J.S.A. 39:4-50 DWI/DUI cases and breath test refusal issues are handled in municipal court. If a driver is convicted of refusal for the first time, he or she faces a fine of between $300 and $500 and a driver’s license suspension of seven months to a year. Penalties increase if you refused a test in the past.
Convictions for breath test refusal are not automatic. The prosecution needs to prove four things in order to convict: (1) there was probable cause for police to believe you were driving under the influence; (2) you were arrested for DWI/DUI; (3) police made a proper request to take a breath sample; and (4) you refused to provide a sample.
When a client comes to us from Fort Lee, Hackensack, Paramus or elsewhere in Bergen County or the state, we fully investigate the situation to uncover any issues that may render the breath test refusal charges improper. We make prosecutors answer important questions such as:
- Was the request for a breath test valid?
- Did you really refuse?
- Did you understand what you were being asked to do?
- Did you refuse initially, but a few minutes later changed your mind and decided to submit to the test?
Each situation is different, but you should never assume that you have to plead guilty and accept the consequences. Our Fort Lee DUI lawyers may be able to find a viable defense that prevents harsh results.
