Hackettstown Refusal DWI Charges Lawyer
Handling Refusal to Submit to Breath Test Charges in Sussex County, NJ
Getting behind the wheel of a car in New Jersey means that the driver has given consent to law enforcement to take breath samples to determine the driver’s blood alcohol content if the driver is suspected of driving while intoxicated. In fact, if you are pulled over and arrested for driving while intoxicated (DWI) based on your field sobriety tests and you refuse to provide breath samples for an Alcotest at the police department, it is considered a separate offense from the underlying DWI that will result in its own fines, license suspension, and ignition interlock device. If you have been arrested and charged with a refusal to provide breath samples in Sussex or Warren County, the Tormey Law Firm is here to help. We have successfully represented countless clients accused of refusing to provide breath samples and we are ready to put our skills to work for you.
Refusal to Submit to Breath Test: 39:4-50.2(a)
Pursuant to R.S. 39:4-50.2(a), any person who operates a motor vehicle on any public road, street or highway or quasi-public area in New Jersey shall be deemed to have given 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. And in cases where a driver is suspected of driving while intoxicated and refuses to provided breath samples, R.S. 39:4-50.4a states that the municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested for driving while intoxicated refuses to submit samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood, when requested to do so.
Penalties for a Refusal Charges in New Jersey
The penalties for refusing to provide breath samples include fines, attending the intoxicated drivers resource center (“IDRC”), license suspension and an ignition interlock device. For a first offense, the driver is subject to fines of $300 to $500, a mandatory license suspension of seven to twelve months, 12 to 48 hours at the IDRC, and an ignition interlock device for six months to one year. For a second offense refusal, the fines are $500 to $1,000, 48 hours at the IDCR, a two-year license suspension, and an ignition interlock device for one to three years. For a third or subsequent offense, the fine is $1000, IDRC as determined to be appropriate, a ten-year license suspension and an ignition interlock device for one to three years. Additionally, if the driver is suspected of driving while intoxicated in a school zone and he refuses to provide breath samples, there are enhanced fines and license suspensions as follows: first offense – $600 to $1000 fine and one to two years license suspension; second offense – $1000 to 2000 fine and a four-year suspension; and for a third or subsequent offense – $2000 fine and twenty year license suspension.
Contact the Sparta Refusal DWI Defense Lawyers at the Tormey Law Firm Today
The DWI defense lawyers at the Tormey Law Firm have handled thousands of refusal cases in municipal courts throughout New Jersey. If you are accused of refusing to provide breath samples in Sussex or Warren County, contact the DWI and refusal defense team at the Tormey Law Firm immediately to discuss your case at 973-755-1695.