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Camden DWI Lawyer Discusses Refusing the Breathalyzer Test in New Jersey

Being arrested for a DWI in New Jersey carries lengthy license suspensions and serious monetary fines. Taking a breathalyzer exam is required by law if an officer stops you for a DWI, according to New Jersey’s implied consent law. The officer must have probable cause for the motor vehicle stop as well as the request for a breath test that will be used to determine your blood alcohol content (BAC).   While the officer cannot force you to take the test, refusing breathalyzer test is a separate charge that carries similar harsh penalties.

The officer cannot force you take a breath test after your arrest, but refusing will result in a license suspension for seven months and a fine of $300 to $500. A second refusal increases the penalties to a two-year license suspension and a fine of $500 to $1,000. If this is your third time refusing a breathalyzer test, you will face a suspension that lasts ten years and a $1,000 fine. If the arrest for a DWI takes place on school grounds or within 1,000 feet of a school, the punishments are doubled.

DWI Conviction Still Possible Without Breathalyzer

Your refusal to take the test can come in the form of a “no”, silence, a conditional response, or an unclear response.  However, conviction for a DWI is still possible even without the breath test that determines if your BAC is over the legal limit of .08. The prosecution can use your refusal to submit to a breath test as evidence in your drunk driving case. Field sobriety tests and other “probable cause” signs can also be used as evidence. For these reasons, there is usually no benefit in refusing to take a blood, breath, or urine test when arrested for a DWI. If you are dealing with a drunk driving incident, it is strongly recommended that you get help from an experienced DWI attorney that can avoid or reduce the very serious consequences.

Camden DWI Lawyer Michele Finizio Helps DWI Defendants Attain The Best Possible Outcome to the Their DUI Cases

Never assume you should plead guilty to a DWI or a refusal charge without exploring your options with an experienced Camden DWI lawyer. Camden criminal defense lawyer, Michele Finizio, Esq. understands the defenses available to those facing DWI or refusal charges. She aggressively defends her clients and will challenge the state’s evidence. If you are facing a DWI or breathalyzer refusal charge in Southern New Jersey, including Cherry Hill, Camden, Haddonfield, Moorestown, Voorhees, Marlton or Mt. Laurel, do not hesitate to call her office at 609-230-0374 or contact her online to schedule a consultation.

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I could not have asked for a better attorney. Michele Finizio treated my cases and the cases of those I've recommended, as if we were part of her family.

-D.A.