Penalties for Refusing a Breathalyzer in New Jersey

breathalyzer, keys, and beer

If you are pulled over for driving while under the influence, you will have to submit to a breathalyzer test. A breathalyzer test will determine your blood alcohol concentration (BAC). This can play a large role in determining your DWI charges. Refusing to submit to a breathalyzer test can cause a lot of legal trouble. Read on to learn more about New Jersey’s implied consent laws.

What is implied consent?

New Jersey has implied consent laws. This means that when a driver receives his or her driver’s license in New Jersey, he gives his implied consent to submit to chemical tests. Chemical tests include breath, urine, and blood samples. Drivers are required to submit to a breathalyzer test under state law if they are arrested for a DWI offense.

What are the consequences of a DWI?

If you are pulled over with a BAC of .08-.09%, and this is your first offense, you will likely face the following consequences:

  • A license forfeiture of 30 days
  • Up to 48 hours at the New Jersey IDRC
  • Up to 30 days of incarceration
  • A $500 fine
  • You will have to install and use an ignition interlock device for between 3 and 6 months, at your own cost

If you are pulled over with a BAC of .10% or higher, or you are a repeat offender, your consequences will increase.

What happens if you refuse a breathalyzer test?

A DWI already carries serious consequences. But, refusing to submit to a breathalyzer test will result in an automatic license suspension of up to one year and a $500 fine. You will also be required to attend a court hearing within 15 days. If this occurs, you will need the help of an experienced criminal defense attorney.

What do I do if I am facing DWI charges?

If you are facing DWI charges, it is important to reach out to an experienced criminal defense attorney right away. The sooner you reach out, the sooner your attorney can begin building your case.

Our firm will fight for you. Contact us to speak with a dedicated criminal defense attorney.

Contact our experienced New Jersey firm

Thomas DeMarco & Associates, LLC is an experienced Camden County criminal defense law firm located in Mt. Ephraim, New Jersey. We understand how potentially damaging a criminal can be, which is why we pride ourselves on our willingness to fight for our client’s rights. Our firm handles all criminal matters and is ready to provide you with our knowledgeable legal counsel. Do not hesitate to contact our firm to discuss your legal situation.

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