New Jersey DUI Lawyers

Refusing to Take the Breathalyzer Test

In New Jersey, Driving While Intoxicated (DWI) is against the law. If you are stopped while operating a motor vehicle on suspicion of drunk driving, the officer will request a breath test and should inform you of your rights. Additionally, you will be asked to participate in a field sobriety test and take a breathalyzer test.

• The penalties for refusing to take the initial breath test include a seven-month license suspension and a fine ranging from $300 to $500.
• You will lose your license for two years and have to pay a fine of $500 to $1,000 if this is your second refusal.
• For your third refusal, the suspension lasts for ten years, and a fine of $1,000 is imposed.
• Additionally, the penalties are doubled if you refuse to take a chemical test after being arrested for a DWI while driving on school grounds, through a school crossing, or within 1,000 feet of a school.

Better still, refusing a chemical test does not guarantee that you won’t be convicted – you could be found guilty of a DWI even if your refusal means that the state does not have proof that your BAC was over 0.08%, the legal limit for those over 21.

In fact, the prosecution can use your refusal against you by arguing that you refused the test because you knew that you were intoxicated and guilty of DWI. New Jersey’s DUI laws cover more than just alcohol. They also include laws making a DUI drug charge possible.

Penalties and Fines of a DWI in New Jersey

Penalties for a DWI under New Jersey law vary depending on how high your blood alcohol content (BAC) was at the time of your arrest and whether you have any prior history of drunken driving charges.

The following is a list of the different DUI charges depending on your blood alcohol content (BAC):

When BAC level is greater than 0.08 percent, and less than 0.10 percent:

• • The fine ranges between $250- $400

• • Loss of driver’s license for three months

• • The requirement for an interlock device

• • Mandatory participation in the Intoxicated Driver Resource Center program for 12-48 hours

• • Court has the discretion of imposing a prison sentence for a maximum of 30 days

Additional DUI Offenses

• • Repeat DUI offenses

Just because you were arrested for a DWI, it does not mean that you will automatically face these serious penalties and consequences. To protect your legal rights, you must contact Aiello, Harris, Abate Law Group PC, a New Jersey DUI lawyer, immediately.