Breath Test Refusal

Camden County Breath Test Refusal Defense Lawyers

A motorist consents to providing a breath sample to determine blood-alcohol content (BAC) as a condition of his or her privilege to hold a New Jersey driver’s license.  A police officer’s suspicion of driving while intoxicated must be reasonable in order for a demand to take a breath test to be valid. A talented attorney can utilize this standard, as well as other persuasive arguments, to challenge a refusal charge in Pennsauken, Gloucester City, Bellmawr, Camden, Gloucester or another local municipal court. This is precisely what our Camden County DWI Defense Firm is capable of accomplished on your behalf.

We are the Law Offices of Jonathan F. Marshall, a highly accomplished team of lawyers who have the qualifications to obtain a dismissal of your refusal offense. Our advanced training and experience in this area of law is truly rare and unique, including our:

  • Over 200 years of combined experience defending charges for DWI and refusal in Berlin, Stratford, Somerdale, Voorhees and other towns in the county
  • 10 attorneys that specialize in defense
  • DWI department head who is one of 4-5 in the state who handle exclusively N.J.S.A. 39:4-50 related offenses.
  • 5 attorneys who are Alcotest certified and 2 who are also certified as instructors in Standardized Field Sobriety Testing
  • Former municipal prosecutors in more than 25 NJ municipalities
  • A long history of dismissals and other favorable outcomes in drunk and drugged driving cases

All of these attributes allow us to identify issues that allow us to secure acquittals in DWI and/or refusal cases like yours. To obtain a free initial consultation with a lawyer on our staff, call (856) 288-3350.

The attorneys at the Law Offices of Jonathan F. Marshall are ready to defend your breath test refusal offense in Pennsauken, Gloucester City, Bellmawr, Camden, Gloucester, Winslow, Berlin, Cherry Hill, Stratford, Somerdale, Voorhees, Audubon, Collingswood, Haddon Heights or elsewhere in Camden County.

New Jersey Implied Consent Law: N.J.S.A. 39:4-50.2

If a police officer suspects you have been driving under the influence of alcohol and pulls you over, he or she will give either the portable breath test (PBT) or the  Alcotest 7110 device. The PBT is carried in the police car and is administered on the roadside. This test is voluntary and so it can be refused. The Alcotest 7110 device is the breath test given at the police station. New Jersey requires a driver to submit to this breath test at the police station because the implied consent law mandates that all persons driving on New Jersey roads must submit to a breath test when arrested on suspicion of driving while intoxicated.

The implied consent law is explained under N.J.S.A. 39:4-50.2 which explains:

(a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of relevant laws.

(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test. A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.

Refusal to Submit to a Breath Test in New Jersey 

Refusal to submit to a breath is codified under N.J.S.A. 39:4-50.4a. It provides:

(a)The municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested for a violation, shall refuse to submit to a test when requested to do so, for not less than seven months or more than one year unless the refusal was in connection with a second offense under this section, in which case the revocation period shall be for two (2) years or unless the refusal was in connection with a third or subsequent offense under this section in which case the revocation shall be for ten years.

Note: Our firm uses a retired State trooper who is a certified operator of the Alcotest 7110, the breath testing device used in all New Jersey DWI cases. He is also certified in field sobriety testing. He will review all evidence, police reports, and videos and draft a report of his own to challenge the State’s evidence in court.

Contact a Camden NJ Breath Test Refusal Lawyer for a Free Consult

The criminal defense attorneys at the Law Offices of Jonathan F. Marshall are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a refusal to submit to a breath test charge. Our criminal defense team understands the details of DWI law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 877-450-8301 for a free initial consultation about your case.