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DWI Breath Test Refusal In New Jersey

In New Jersey you will be charged with refusal to take a breath test if you don’t take a breath test after being asked to do so, or the police feel you are not cooperating with the breath test. In order to be convicted of a refusal the prosecutor must establish beyond a reasonable doubt that there was probable cause to arrest you for a DWI, that you were asked to submit to a breath test, that you refused to do so or did not adequately cooperate with the test, and that you were advised of all the penalties associated with the refusal. When challenging your arrest, your field sobriety tests will play a very important role in establishing whether or not there was probable cause to arrest.

It is extremely important to have an attorney that understands the nuances of field sobriety tests and their limitations. But more importantly your attorney must understand you and any medical problems you may have now or may ever have had especially those involving back, leg, foot, inner ear issues, anything that may have affected your ability to properly perform on these tests. Even if there was probable cause to arrest you, there may be other defenses available especially if you are unable to adequately provide a breath sample or the police officer did not advise you of all the penalties normally associated with a refusal. Refusal penalties could be quite stiff.

A conviction for a refusal carries with it a mandatory license suspension and the installation of an ignition interlock device. That’s an in-car breathalyzer that you must install in any car that you wish to operate and you will not get your license back unless you install one. You made one mistake by refusing to take a breath test don’t make another by hiring the wrong attorney. We’re here to discuss your refusal case with you and to offer you our insights as to any defenses available.


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