Refusal to Submit Breath Test Suspension

Loss of License for Refusal to Submit Breath Test in NJ

refusal to submit breath test

Photo courtesy of Oregon DOT

Because of New Jersey’s Refusal laws, a motorist on New Jersey roadways does not have the right to refuse to submit a breath test upon an arrest for a suspected DWI.  This is known as “Implied Consent”. New Jersey’s Refusal statute falls under N.J.S.A. 39:4-50.4a, and runs hand-in-hand with New Jersey’s strict DWI license suspension provisions.

If you are convicted of refusing to submit a breath test in New Jersey, your driving privileges could be suspended for 7 month to a year on a first offense. This license suspension increases to two (2) years on a second offense, and ten (10) years on a third or subsequent refusal violation.

New Jersey Refusal to Submit a Breath Test Law

The NJ refusal statute states that “. . . the municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested for a violation of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14), shall refuse to submit to a test provided for in section 2 of P.L.1966, c.142 (C.39:4-50.2) when requested to do so . . .

However, refusal charges typically have five elements that the state must prove by a preponderance of the evidence:

  1. Probable cause for the arresting officer to believe that the suspected driver operated a motor vehicle while under the influence of alcohol;
  2. An arrest of the defendant;
  3. A ‘refusal’ by the defendant to submit to a breath analysis test;
  4. The request for the defendant to take the test was made by a police officer who had reasonable grounds to believe that defendant had been operating a motor vehicle in violation of the New Jersey’s DWI laws; and
  5. The attempt to administer the breath test was lawfully made.

Needless to say, our attorneys have several angles to attack a refusal charge, and have been successful at getting refusal charges thrown out, and knocking the mandatory 7 month minimum suspension down to 3-months or less. Call 1 (877) 450-8301 to speak with an experienced DWI and Refusal Lawyer that can help you keep you license for much longer than what you may be potentially facing.

Penalties for NJ Refusal Tickets

Below, you will find a chart illustrating the possible penalties, including possible license suspension times for Refusal charges in New Jersey.

NJ Refusal to Submit Breath Test
Fines and Loss of License

First Offense Refusal

Fines $300-$600
Other Fees and Assessments $133
Intoxicated Driver Resource Center (“IDRC”) 12 to 48 Hours
Loss of Driver’s License 7 Months to 1 Year
Ignition Interlock Device During Suspension Period, Plus 6 Months to 1 Year to Follow (Mandatory)

 

Second Offense Refusal

Fines $500-$1000
Other Fees and Assessments $133
Intoxicated Driver Resource Center (“IDRC”) In Accordance with Individual Treatment Classification (Usually 48 Hours)
Loss of Driver’s License 2 Years (Consecutive with Other DWI Loss)
Ignition Interlock Device During Suspension Period, Plus 1 to 3 Years to Follow (Mandatory)

 

Third Offense Refusal

Fines $1000
Other Fees and Assessments $133
Intoxicated Driver Resource Center (“IDRC”) In Accordance with Individual Treatment Classification
Loss of Driver’s License 10 Years (Consecutive with Other DWI Loss)
Ignition Interlock Device During Suspension Period, Plus 1 to 3 Years to Follow (Mandatory)

 

Hiring a Skilled Refusal Lawyer in New Jersey

Our license suspension lawyers for refusal charges in New Jersey have exceptional qualifications to back their work, and our results speak for themselves.

  • Our firm has over 100 years of combined experience defending DWI and Refusal charges throughout the state
  • We have three of the five NJ attorneys who are Certified Instructors in Field Sobriety Testing

  • We have five of the fifty attorneys certified on the Alcotest Breath Machine
  • We have five of the approximately fifteen NJ lawyers Certified in Field Sobriety Testing
  • Our Attorneys are Former Prosecutors in over 25 New Jersey Towns

If you are concerned that a Refusal charge may affect your license, call us today at 1 (877) 450-8301 for a free, no-obligation consultation. We’re ready to help!