Wayne 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 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 Wayne, Totowa, 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:

First Refusal

  • Suspension of Driver’s License: Loss of driver’s license until the installation of an Ignition Interlock Device (IID).
  • Fines: $300.00-$500.00 in fines, plus court costs and fees.
  • Intoxicated Driver Resource Center (IDRC): Required to spend 12-48 hours attending an intensive alcohol education program at the IDRC. Failure to comply with IDRC requirements could result in additional jail time.
  • Ignition Interlock Device (IID): This is a device that makes it impossible to start the car without first providing a clean breath test sample. An IID MUST be installed and remain installed for a period of nine (9) to fifteen (15) months.

Second Refusal

  • Suspension of Driver’s License: Loss of driver’s license for a period of one (1) to two (2) years.
  • Fines: $500.00-$1,00.00 in fines, plus court costs and fees.
  • IDRC: Required to spend 48 hours attending an alcohol education program at the IDRC. You may also be required to complete additional treatment in a follow-up program that can last for as long as four (4) months. Failure to comply with these requirements can lead to additional jail time.
  • IID: An IID MUST be installed for the period of suspension and remain installed for a period of two (2) to four (4) years following the return of the driver’s license.

Third Refusal

  • Suspension of Driver’s License: Loss of driver’s license for a period of eight (8) years.
  • Fines: $1,00.00 in fines, plus court costs and fees.
  • IDRC: Court’s discretion. Failure to comply with any requirements can lead to additional jail time.
  • IID: An IID MUST be installed for the period of suspension and remain installed for a period of two (2) to four (4) years following the return of the driver’s license.

Contact a Wayne NJ DWI Attorney for a Cost-Free Consultation

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.

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If you are facing criminal charges in New Jersey, you want a battle-tested, aggressive criminal defense attorney on your side. Alissa D. Hascup will protect your rights and your freedom. She is highly skilled and highly motivated and puts clients first – always.

Please contact Ms. Hascup’s office today to request a free initial consultation about your charges. She will review the facts of your case, answer your questions and tell you how she can help get your charges significantly reduced or even dismissed.

With offices in Paterson, Newark and Hackensack, Ms. Hascup can be reached 24/7 and offers nights and weekend appointments as well as flexible payment options.

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In Passaic County, including Paterson, Clifton, Wayne, Passaic, West Milford, Hawthorne, Little Falls, Pompton Lakes, Ringwood, Woodland Park, Wanaque, Totowa, North Haledon, Haledon, Bloomingdale, and Prospect Park and in Essex County, including Newark, East Orange, West Orange, South Orange, Irvington, Bloomfield, Montclair, Belleville, Nutley, Maplewood, Millburn, Verona, Cedar Grove, West Caldwell, Glen Ridge, Fairfield, and Roseland.