Call Us - Problem Solved
1-877-HELMER1
1-877-435-6371

Refusing a DUI Breath Test in Freehold

Are you required to submit to a breath test if the police pull you over on suspicion of DUI? In New Jersey, the answer is “Yes,” as long as your traffic stop is lawful and the arresting officer follows the necessary procedures for administering the breathalyzer.

What happens if you refused? Under New Jersey’s implied consent law, if you refused a breath test during your traffic stop, you can face a “refusal” charge in addition to being charged with DUI. Since this is a separate charge, you can be convicted of refusal even if you were not driving under the influence at the time of your arrest.

Standard Penalties for Breath Test Refusals in Freehold, NJ

Similar to the penalties for DUI, the penalties for violating New Jersey’s implied consent law vary depending upon whether you are facing charges for a first, second, or third or subsequent offense:

First Offense

  • Driver’s License Suspension– Seven to 12 months
  • Financial Penalties– $300 to $500 in fines plus $275 in fees
  • State-Imposed Surcharge– $1,000 per year for three years
  • Intoxicated Driving Resource Center (IDRC) – Minimum of 12 hours at an IRDC
  • IDRC Fee– $230 per day

Second Offense

  • Driver’s License Suspension– 24 months
  • Financial Penalties – $500 to $1,000 in fines plus $275 in fees
  • State-Imposed Surcharge– $1,000 per year for three years
  • Intoxicated Driving Resource Center (IDRC) – Minimum of 12 hours at an IDRC
  • IDRC Fee– $230 per day

Third or Subsequent Offense

  • Driver’s License Suspension– 10 to 20 years
  • Financial Penalties – $1,000 fine plus $275 in fees
  • State-Imposed Surcharge– $1,500 per year for three years
  • Intoxicated Driving Resource Center (IDRC) – Minimum of 12 hours at an IDRC
  • IDRC Fee– $230 per day

Enhanced Penalties for Breath Test Refusals in School Zones

If you have been charged with refusing a breath test in a school zone, you are facing enhanced penalties (the same is true for your DUI). These penalties are:

First Offense

  • Driver’s License Suspension – One to two years
  • Fines - $600 to $1,000

Second Offense

  • Driver’s License Suspension – Four years
  • Fines - $1,000 to $2,000

Third or Subsequent Offense

  • Driver’s License Suspension – 20 years
  • Fines - $2,000

Defenses to Breath Test Refusals

While every case is unique, there are a number of potential defenses to breath test refusal charges in New Jersey. Depending upon the facts of your case, our attorneys may be able to assert defenses including:

  • Failure to inform you of your rights under New Jersey’s implied consent law
  • Inability to submit to a breath test
  • Lack of probable cause to make an arrest
  • Lack of reasonable belief that you were operating your vehicle under the influence of alcohol
  • No “operation” of a motor vehicle

Did You Refuse a Breath Test in Freehold, NJ?

If you refused a breath test during a DUI traffic stop in Freehold, it is important that you discuss your case with an attorney as soon as possible. To schedule a confidential initial consultation with one of the experienced DUI defense lawyers at Helmer, Conley & Kasselman, P.A., please call 1-877-435-6371 or tell us how to contact you online today.

Call Us - Problem Solved

| 1-877-HELMER1
Helmer, Conley & Kasselman, P.A.

Time is of the Essence

Don’t let your rights be jeopardized.