Refusing to Take the Breathalyzer

REFUSING TO TAKE THE BREATHALYZER

If you have been charged with refusing to take a breath test, there are limited defenses to that charge.  Generally, there may be a defense as to whether the police had sufficient probable cause to stop your car.

There may be challenges to field sobriety tests performed on you and questions regarding probable cause to arrest you.

Once in custody, you MUST be read the following statements exactly as they are set forth below. The State must prove that you were read this form, otherwise, the charge of refusing to take the test cannot stand.

Refusal carries a separate penalty from a DWI. If you are convicted of both charges, penalties can double. For a first offense (non school zone), convictions on both could result in loss of license of 12 to 18 months, second offense 4 years, and third or subsequent offense 20 years. School zone offenses double the penalties.  For a complete review of the penalties associated with refusing to take the breathalyzer test, see N.J.S.A. 39:4-50.4a

At Aiello Harris, Devero, Marth & Schiffman our attorneys are members of the American Association of Trial Lawyers and the National Employment Lawyers Association. In negotiations and in litigation, we stand firm in the defense of our clients’ rights and interests.

For a free initial consultation with a New Jersey litigation attorney at Aiello, Harris, Devero, Marth & Schiffman, call 908-561-5577, or contact us online.

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