Wayne NJ Breath Test Refusal Lawyers
There are many reasons to explain why an individual refused to submit a breath sample. Perhaps they were confused, believed they had a right to an attorney, or just thought it was in their best interest to refuse the test. Irrespective, the law is quite clear that, when an individual accepts the privilege of becoming a licensed driver, they impliedly consent to submitting to a breath test if they are reasonably requested to do so by a police officer. When an individual accused of DWI or DUI refuses to provide a breath sample, he or she exposes themselves to a charge known as “refusal”. If you have been charged with refusal to submit to a breath test under N.J.S.A. 39:4-50.4, our attorneys have the skill to help you. We feature a team of former prosecutors and defense lawyers who are not only highly experienced in defending refusal charges but also possess exceptional credentials in drunk and driving defense. A lawyer on our staff is always available 24/7 to assist potential clients and initial consultations are without charge so do not hesitate to contact us. We hope you find the information on this page of assistance.
What You Need to Know. While there are certainly many issues that may be pinpointed by our attorneys in defeating a refusal charge, the key principle to keep in mind in our view is that a police officer must be acting reasonably in demanding that you submit to the test. This implies not only that there was a reasonable basis for concluding that you were under the influence of alcohol but also that you were “operating” a motor vehicle while intoxicated. Even where these elements are present, the police have an obligation to read the standard statement of an individual’s rights prior to requesting a breath sample. Unless an individual is read this form and thereafter refuses to submit to a breath test, he or she cannot be convicted under N.J.S.A. 39:4-50.4.
Penalties If Convicted Under N.J.S.A. 4-50.4. The fines and license suspension for a refusal tend to mirror those that apply when an individual is convicted of driving while intoxicated. It must be kept in mind, however, that a DWI and refusal are entirely separate charges and that an individual may be convicted of both in the same case. The fine is $300 to $500 for a first offense, $500 to a $1,000 for a second offense and $1,000 for a third offense. The mandatory license suspension is 7 months, 2 years, and 10 years for a first offense, second offense and third offense, respectively. An individual is also exposed to a NJ Division of Motor Vehicles surcharge of $1,000 per year for three (3) years for a first or second offense, and $1,500 per year for a third offense.
With such stiff consequences hanging over an individual’s head when charged with refusal in accordance with N.J.S.A. 39:4-50.4, a skilled defense lawyer can he handy. That is exactly what we believe our attorneys can offer you. If you have been charged with a refusal or DWI in Passaic County in towns like Wayne, Totowa, West Milford, Pompton Lakes, Bloomingdale, Little Falls, Patersons, Clifton or Passaic City, we can help. Give us a call.