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Refusal of Breathalyzer Test New Jersey

Are you facing charges of refusal to submit to a breath test after being stopped on suspicion of drunk driving in New Jersey? A conviction of breath test refusal charges carries costly fines and penalties, including the suspension of your driver’s license.

Our New Jersey breath test refusal attorneys will look at the circumstances of your arrest and discuss your legal options. Our law firm has one of New Jersey State’s most experienced criminal defense teams.  We know how to zero in on the weaknesses in the prosecution’s case against you.

Contact us right away to schedule a free initial consultation regarding your rights. Our attorneys have many years of experience defending people facing charges related to driving while intoxicated.

The Implied Consent Law in New Jersey

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Anyone who drives a motor vehicle on a public roadway in New Jersey furnishes his or her implicit consent to submit to a breathalyzer test if they are suspected of driving while impaired.

An officer must have reasonable grounds to think that an individual is driving while intoxicated to justify the imposition of a breath sample to determine the alcohol content of the driver’s blood.

If the driver refuses to submit to the test, the officer must inform the person arrested of the consequences of refusing to submit to the test.

What Constitute Breath Test Refusal?

Getting a New Jersey State driver’s license is another way you automatically give consent under the NJ Consent Law to give your breath sample when asked by police. Refusing to perform a breathalyzer test exposes you to a range of penalties and punishments under N.J.S.A. 39:4-50.4, commonly known as the New Jersey Refusal Law.

Here are common examples of what constitutes refusal and could result in a charge:

Your Silence— To consent to a breath test, an accused must show a willingness to perform the test. Although you have a constitutional right to remain silent, courts have held that this right does not apply to questioning regarding consent to a breath test. Accordingly, silence is almost always viewed as a refusal to submit to the test.

Giving Short Samples— While properly consenting to the test, sometimes people “fake” a blow, intentionally minimize their blowing or are simply unable to provide sufficient air volume or maintain volume for the necessary time period to register a valid reading. A refusal charge might be issued in such cases.

Outright Refusal— If an individual’s response is a flat “no”, a summons for refusing to provide a breath sample can be filed. Additionally, police are no longer required to read the second paragraph of the Standard Consent when there is an express refusal.

Delaying or Stalling —If an person engages in tactics that are obviously intended to delay the efforts to begin the test. In State v. Widmaier, 157 N.J. 475 (1999), the Supreme Court of New Jersey clearly stated that an individual suspected of driving while intoxicated has no right to delay breath testing; efforts to stall can, therefore, be interpreted as refusal.

Giving Conditional Consent— New Jersey courts have expressly held that anything short of a “yes” or “I will”, can be taken as a refusal. If an accused individual replies an officer with “if…”, “can you tell me…” or anything other than affirmative and unconditioned agreement to submit to the test, it can be interpreted as refusal.

To get a conviction under 39:4-50.4, the prosecution must demonstrate that: (1) the officer possessed probable cause to believe that the accused was driving while intoxicated or operating their vehicle under the influence of drugs; (2) the accused was arrested for DWI or DUI; (3) a proper request to submit a breath sample was made; and (4) the driver refused to comply.

Possible Defenses to Refusal Charges

Our attorneys are experts at uncovering issues to refute a charge of breath test refusal. We have found that silence can frequently provide a basis for bona fide arguments to avoid conviction. We ask questions that help us examine your case, including:

  1. Did officers have probable cause to believe that the accused was intoxicated to support their request to take a breath test?
  2. Did the officer comply with the law when notifying the driver of his or her rights regarding the breathalyzer test?
  3. Did the motorist actually refuse? Might there have been a language barrier?
  4. Did the motorist understand what they were being asked?

From having handled numerous such cases, our attorneys have the knowledge and experience to pinpoint issues revealing that the charge of breath test refusal is improper.

Breath Test Refusal Plea Bargaining

It is against the law to plea bargain a DWI charge in New Jersey.

Prosecutors are also prohibited from plea bargaining a first offense charge of refusal of breathalyzer. Nevertheless, a skilled defense lawyer may be able to identify legitimate problems with the arrest and police procedure.  This could result in dismissal of the charges

The prohibition on plea agreements does not apply to second or subsequent charges of refusal to submit to a breath test. The possibility of a plea deal is an important factor when handling these charges.  Conviction on a second or subsequent refusal charge carries license suspensions of two to ten years. A prosecutor can dismiss a refusal charge in consideration of a guilty plea on a related DWI.

 

An experienced criminal defense attorney could possibly provide a significant benefit to a client by negotiating with prosecutors to allow a plea agreement in a refusal case.

Possible Penalties for Refusal of Breathalyzer Test

First Offense

If an individual is convicted of his or her first offense of refusing a breath test, there are mandatory refusal penalties that the court must apply:

Fines — $300 to $500 plus a drunk driving enforcement fund surcharge

Suspension of License —Between 7 and 12 months. This suspension can run concurrently with a related DWI conviction at the court’s discretion.

Intoxicated Drivers Resource Center— First offenders are required to attend 12 hours of the IDRC alcohol education program.

Ignition Interlock—An ignition interlock will be installed on all registered vehicles for the timeframe of the license suspension plus an additional period, upon restoration of driving privileges, of 6-12 months.

Division of Motor Vehicle Surcharge—$1,000 a year for three years for the first offense.

Second Offense

The minimum license suspension for second offense is  two years. The court is obligated to impose other penalties as well.

Fines—$500 and $1,000 plus the mandatory drunk driver enforcement fund surcharge.

Incarceration—No mandatory jail term for a second offense of refusal.

Driver’s License Suspension—two years if convicted on a second refusal to submit to a breath test or for refusing after a prior DWI conviction.

Ignition Interlock— An ignition interlock device will remain in all registered vehicles for the period of the license suspension, plus an additional one to three years after license restoration.

Motor Vehicle Surcharges—An individual convicted of a second offense of refusing to give a breath test  pay a $1,000 DMV surcharge a year over three years. The license stays suspended until the surcharge is fully paid.

Third Offense

Tough penalties exist for a third conviction of refusal to take a breath test in New Jersey. These include:

Fine—$1,000 plus a $100 drunk driver enforcement fund surcharge.

Drivers License Suspension— ten years if convicted.

Intoxicated Drivers Resource Center— This program is mandatory. Additionally, the IDRC can set conditions on the restoration of the driver’s license including mandatory Alcoholics Anonymous.

Ignition Interlock— An ignition interlock device remains on all registered vehicles for the period of the license suspension, plus one to three years after license restoration.

Refusal in a School Zone

An totally separate offense from a standard refusal triggered in a school zone. Drivers are exposed to an enhanced charge of Refusal in a School Zone under N.J.S.A. 39:4-50.4a.

The incidence must have occurred within 1,000 feet of an elementary or secondary school. A charge can be placed regardless of whether or not the motorist knew that he or she was in a school zone

Call Your New Jersey Breath Test Refusal Attorney

Every case is unique. There are a variety of defenses to drunk driving and refusal charges. Don’t ever assume you need to automatically plead guilty to a DWI or refusal charge.  To speak to one of our attorneys about the circumstances surrounding your arrest, please call or e-mail Spodek Law Group today to get your free consultation with a lawyer.

Schedule Your Consultation Now