Refusal To Submit Breath Sample

West Windsor NJ Refusal Lawyer

Have you been issued a summons for refusing to submit a breath sample? If so, it is extremely important that you contact an experienced DUI defense attorney as soon as possible. Contrary to what most people believe, refusing to submit a breath sample in New Jersey will not prevent the police from charging someone with driving while intoxicated. In fact, anyone charged with refusing to submit a breath sample in New Jersey will also be charged with driving while intoxicated as well. These two charges go hand-and-hand. Furthermore, as you will see below, the penalties for a refusal in essence mirror that of a DUI and in some circumstances, the license suspension can be run consecutive to any license suspension received for the DUI.

If you have been charged with driving under the influence, refusal, assault by auto, eluding, endangering the welfare of a child or driving while suspended in Mercer County, we strongly recommend that you speak to a knowledgable criminal defense attorney as soon as possible. New Jersey is extremely tough when it comes to DWI / Refusal offenses. The penalties if convicted can have a devastating impact on someones life. If you would like to speak to one of the attorneys at Proetta & Oliver about your options then please contact our Hamilton office at 609-789-0779. One of our attorneys would be glad to sit down with you and go over the specifics of your case and formulate a game plan that works best to suit your needs. Our attorneys serve all of Mercer County, including Hamilton, Trenton, Lawrenceville, Hopewell, East Windsor, Robbinsville and Ewing. Now here is some important information on refusals in New Jersey.

Charged with Refusal in Hamilton Twp. NJ?

New Jersey has what basically amounts to an implied consent law. In other words, anyone who operates a motor vehicle in New Jersey consents to voluntarily submitting a breath sample if requested by law enforcement. In order for law enforcement to request a breath sample from someone they must have what is known as probable cause to believe they are operating a motor vehicle under the influence. Some of the most common things that law enforcement will look for when trying to determine whether probable cause exists is the individual’s performance on the Standardized Field Sobriety Test (SFST), slurred speech, slow hand movements and the odor of alcohol.

Can the Police Charge Me with Refusal?

If probable cause is established that individual was driving while intoxicated and upon request they refuses to submit a breath sample, they will automatically be charged with refusing to submit a breath sample. Also, if someone agrees to submit a breath sample but fails to provide enough of a sample in order to achieve a valid reading, they will be charged with refusal as well. These are by far the two most common ways in which an individual could find themselves charged with refusing to submit a breath sample.

A first time offender will be facing the possibility of a seven to twelve month loss of license, up to $1,000 in fees and assessments, twelve hours in the Intoxicated Drivers Resource Center, imposition of the ignition interlock device as well as up to thirty days in jail. The penalties drastically increase for any second or subsequent conviction. Also, please remember that these penalties could be in addition to the penalties imposed for a DWI conviction as well.

Lawrenceville NJ Refusal Defense Attorney

Proetta & Oliver defends those accused of serious traffic offenses like driving under the influence, refusal to submit a breath sample, leaving the scene of an accident, speeding and underage driving while intoxicated in courts throughout Mercer County. Our attorneys are well aware of what a conviction for anyone of these offenses could do to someones life. A lengthy license suspension can be crippling. If you would like to set up a free initial consultation today then please do not hesitate to contact us at 609-789-0779. We serve all of Mercer County, including East Windsor, Princeton, Hightstown, Ewing, Trenton, Hamilton and Hopewell.