Roxbury NJ Refusal to Submit to a Breath Test Lawyer
DWI Defense Attorney in Morristown, New Jersey
Under New Jersey law, any person who operates a vehicle within the state will be deemed to have given his or her consent to the taking of breath samples to determine their blood alcohol content (BAC). As a result, if a police officer asks you to take a breath test at the police station, you should probably say “yes” because declining to take a breath test is a traffic violation in and of itself and not in your best interests.
Being arrested for Driving While Intoxicated (DWI) will leave you with a permanent mark on your record. A subsequent DWI conviction will leave an entry on your New Jersey Motor Vehicle Commission (MVC) driver’s abstract, which can have a long-term impact on your family, friends, finances, and employment opportunities. You need an experienced team of NJ DWI lawyers to fight your DUI/DWI charges.
The Tormey Law Firm is a team of experienced criminal defense and drunk driving attorneys who have been representing clients throughout New Jersey for years. We have represented thousands of clients charged with alcohol related offenses including refusal to submit to a breath test, DWI in a school zone, and underage DWI in Denville, Morristown, Mount Olive, Dover, Madison, and Parsippany. In fact, our founding partner, Travis J. Tormey, is one of a handful of NJ attorneys who are certified Alcotest 7110 operators, the breath-testing device used throughout the State. As a result, Mr. Tormey knows the components of the machine, how it works, and if there are any issues with the functioning of the breath-testing device. This knowledge and expertise can be used to attack the reliability of the breath-test result in your case. One of the firm’s other partners, Alissa D. Hascup, has extensive experience in the courtroom which has allowed her to develop advanced defense strategies that she can use to help you beat your DWI charges. Ms. Hascup is a current municipal prosecutor who regularly handles DWI trials. This gives us a huge edge in the courtroom because we understand how the other side thinks and we can anticipate the prosecution’s arguments in your case.
Here at the Tormey Law Firm, we understand that a DWI charge can happen to anyone. If you or a loved one has been charged with a driving while intoxicated offense in New Jersey, contact the Tormey Law Firm at 866-949-6948 for a free consultation, or you can use the online contact form to schedule an appointment.
New Jersey Implied Consent Law: 39:4-50.2
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”), which is 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. This test utilizes 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 mandates that all persons driving on NJ roadways must 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.
Refusal to Submit to a DWI Breath Test in New Jersey
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:
(a)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 (2) 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 Montville NJ DWI Lawyer for a Free Consultation
The skilled and experienced drunk driving lawyers at the Tormey Law Firm will use their best defense strategies to challenge the State and fight to get your DWI charges dismissed. If you or a loved one has been charged with a DWI in New Jersey, contact the Tormey Law Firm today at 866-949-6948 for a free consultation, or you can use the online contact form.