Wanaque NJ Refusal to Submit to a Breath Test Defense Attorney
DWI Defense Lawyer Serving Clients in Passaic County, New Jersey
If you are caught driving in New Jersey with a blood alcohol content (BAC) of .08% or higher, you will be arrested and cited for DWI. In most DWI cases, NJ prosecutors use a breath-test result to prove the defendant’s level of intoxication. Refusal to submit to a breath test can lead to jail time and suspension of your driver’s license.
Alissa D. Hascup is a skilled and aggressive DWI defense lawyer. Ms. Hascup has successfully defended numerous clients who have been charged with alcohol-related offenses, including refusal to submit to a breath test, first offense DWI, and underage DWI in Wanaque, Passaic, Paterson, and Ringwood. Ms Hascup has extensive experience in the courtroom as both a DWI prosecutor and a criminal defense attorney. She is a former municipal prosecutor with experience handling DWI trials. This gives her an edge in the courtroom because she is able to anticipate the prosecution’s arguments in your DWI case.
Contact the Law Office of Alissa Hascup, LLC today for a free consultation about your DWI case, and keep reading this page for additional information about refusal to submit to a breath test charges and penalties in New Jersey.
Refusal to Submit to a Breath Test: Consent to Provide Your Breath in New Jersey
In New Jersey, if a police officer stops your vehicle and suspects that you have been driving under the influence of alcohol, he or she typically administers one (1) of two (2) types of breath tests.
The first type of test is a portable breath test (also known as “PBT”) carried in patrol cars and administered during a roadside stop. The PBT is voluntary, which means that you always have the right to refuse to take the test.
The second type of test is a breath test administered at the police station and using the Alcotest 7110 device. NJ law requires a driver to submit to a breath test at the police station. This is because New Jersey’s implied consent law requires all persons driving on NJ roadways to submit to a breath test when arrested on suspicion of DWI. The implied consent law is set forth in N.J.S.A. 39:4-50.2, which provides, in pertinent part, that:
(a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of relevant laws.
(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test. A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.
New Jersey Refusal to Submit to a Breath Test Statute: N.J.S.A. 39:4-50.4a
The penalties for failure to provide a breath test in New Jersey are set forth in N.J.S.A. 39:4-50.4a, which provides, in pertinent part, that:
The municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested for a violation, shall refuse to submit to a test when requested to do so, for not less than seven months or more than one year unless the refusal was in connection with a second offense under this section, in which case the revocation period shall be for two years or unless the refusal was in connection with a third or subsequent offense under this section in which case the revocation shall be for ten years.
Contact a Wayne NJ DWI Attorney for a Cost-Free Consulation
If you’ve been charged with refusal to submit to a breath test, call or email Alissa D. Hascup today for a free consultation about your case. Ms. Hascup will look over the details of your file and formulate a winning strategy to potentially get your DWI case dismissed.