Refusal to Submit to a Breathalyzer Test

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Belmar NJ Refusal to Submit to a Breathalyzer Test Defense Attorneys

According to what is often referred to as New Jersey’s “Implied Consent” law, which is outlined in N.J.S.A. 39:4-50.2, any person who operates a motor vehicle on a public road, street, highway, or other quasi-public area within the State is presumed to have given his or her consent to submit to a breathalyzer test, provided that it is administered in accordance with State-mandated guidelines and that the officer requesting the test has probable cause to believe that the individual is under the influence of alcohol at the time. As a result, a person who refuses to submit to a breathalyzer test can be charged for a violation that is separate from a charge for driving while intoxicated.

Notably, the arresting police officer is required to inform the person of the consequences associated with refusing to submit to such as test per a standard statement before the individual can be charged with a refusal violation. If the person is charged and convicted of refusal to submit to a breathalyzer test, he or she may be subject to a suspension of driving privileges, the length of which is contingent upon the number of these offenses that the person has been convicted of previously. For example, a first offense refusal violation is punishable by a suspension ranging from 7 months to 1 year, while a second offense refusal entails a 2-year period of suspension, and a third offense refusal can result in a 10-year term of driver’s license suspension.

The knowledgable defense attorneys at Chamlin, Rosen, Uliano & Witherington are well-versed in State law pertaining to DWI violations and implied consent in New Jersey. Their familiarity with each of the components of a DWI case, from the Alcotest 7110 device to the requirements associated with officer protocol, allows them to provide a comprehensive analysis for each of their clients and to facilitate the best possible outcome in each case. If you or someone you love has been charged with refusal to submit to a breathalyzer test and/or a DWI in New Jersey, contact the offices of Chamlin, Rosen, Uliano & Witherington at 732-440-3950 to speak with one of the talented members of their defense team.

Refusal to Submit to a Breathalyzer Test in Monmouth County: N.J.S.A. 39:4-50.4a

The New Jersey Criminal Code addresses offenses involving refusal to submit to a breathalyzer test in N.J.S.A. 2C:39:50.4astating the following with regard to these offenses:

(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.

Penalties for Refusal to Submit to a Breathalyzer Test in New Jersey

First Offense Refusal to Submit to a Breathalyzer Test: driver’s license suspension for a period ranging from 7 months to 1 year 

Second Offense Refusal to Submit to a Breathalyzer Test: driver’s license suspension for a period of 2 years

Third Offense Refusal to Submit to a Breathalyzer Test: driver’s license suspension for a period of 10 years

Contact Manasquan NJ Refusal to Submit to a Breathalyzer Test Defense Lawyers for Assistance

For additional information as to how these Monmouth County refusal to submit to a breathalyzer test defense attorneys can assist you or someone you love in combating the State’s case and delivering the best chance of success, contact the West Long Branch, New Jersey office of Chamlin, Rosen, Uliano & Witherington at 732-440-3950 or toll free at 888-328-9131.

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Chamlin, Rosen, Uliano & Witherington of West Long Branch, New Jersey, provides representation throughout Monmouth County including Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, Marlboro Township, Middletown, Neptune, Oakhurst, Ocean Township, Redbank, Shrewsbury, Spring Lake, Tinton Falls, Wall Township, West Long Branch, and Freehold Township; Ocean County including Bayville, Brick, Jackson, Lakewood, Lakewood Township, Mantoloking, Point Pleasant, Point Pleasant Beach, and Toms River; Middlesex County including East Brunswick, Milltown, New Brunswick, Old Bridge Township, Perth Amboy, Sayreville, South Amboy, South River, and Spotswood.

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