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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.
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:
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:
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:
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.
Don’t let your rights be jeopardized.