Breath Test Refusal Defense in Burlington, NJ

Mt. Laurel Breath Test Refusal Defense Lawyers

Whether you were confused, too intoxicated to make an informed decision, or simply chose to decline the request, refusing to submit a breath sample has serious consequences irrespective of where in Burlington County it occurred. In fact, the penalties are often identical to what you would have faced had you submitted to the breath test and failed. To make matters even worse, you now face the penalties for both a refusal violation and a driving while intoxicated offense. The lawyers at our Mount Laurel DWI firm have decades of experience defending DWI and refusal offenses in Burlington County. In fact, most of the attorneys on our defense team have even prosecuted DUI and Refusing to submit to a breath test cases in the past. We can offer you an exceptional level of knowledge and skill in refusal cases and are prepared to represent you in any town in the county, including Burlington, Mt. Laurel, Evesham, Florence, or Bordentown. Call us for immediate assistance at 856-234-8900. There is no reason to hesitate because the consultation is free of charge.

Evesham Refusing To Provide a Breath Test Offense

The law in New Jersey is such that anyone who chooses to operate a motor vehicle on its roadways is deemed to consent to submission of a breath sample upon request of a police officer. The precise language contained under N.J.S.A. 39:4-50.2 provides that you “shall be deemed to have given [your] consent to the taking of samples of [your] breath for the purpose of making chemical tests to determine the content of alcohol in his blood.” There are essentially four (4) elements that must be established by the Evesham prosecutor to obtain a conviction for refusing to take a breath test. First, it must be established that there was a reasonable basis to believe that you were operating a motor vehicle while intoxicated. Second, you must have been arrested on suspicion of DWI. Third, you must have refused to submit to a breath test. Fourth, the request for a breath sample must have been made by the police officer in conformity with accepted standard (i.e. read the consent form properly without adding or omitting anything). Provided these elements can be established, the penalties you will face depend on whether this is your first, second or third offense. A violation of this statute results in a license suspension of 7 months and a fine of $300-$500 for a first offense. A second offense under 39:4-50.4 results in a fine of $500-$1,000 and your license being suspended for 2 years. The fine is $1,000 and a suspension is ten years for a third or subsequent refusal conviction.

Bordentown NJ Breath Test Violation Attorney

A traffic violation for failing to provide a breath sample is much more common in Bordentown than other towns in Burlington. A major factor in the higher number of refusals in the Bordentown Municipal Court stems from not only the fact that there are major interstate roadways running through the township but also because a New Jersey State Police barrack is located there. This results in a higher incident of contact between police and motorist than many other towns in the area. If you are facing a charge because you refused a breath test in Bordentown or anywhere else in Burlington County, call our lawyers for the help you need. Our attorneys will take the time to dissect your case and formulate a strategy for success. We can be reached immediately in Mt. Laurel at 856-234-8900.

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