Sobriety Test Refusal in Woodbridge
Potential Penalties for Refusing a DUI Breath Test
There are limits to your constitutional right against self-incrimination if you are suspected of drunk driving. The state of New Jersey and the courts recognize the doctrine of implied consent, which means that in exchange for driving privileges, you must consent to provide a blood alcohol breath sample if you are arrested for DUI. Refusal of the breath test can lead to lengthy suspension of your driver's license, independent from DUI criminal charges.
Breath Test Refusal Lawyer
Our firm represents clients throughout Woodbridge, Middlesex County, and the surrounding area for DUI and related charges. Refusing a breath test is considered a separate offense than the DUI charge. The experienced Woodbridge DUI attorneys at Palmisano & Goodman, P.A., can explain the ramifications and explore possible defenses to your breath test refusal. Refusing the breath test does not prevent prosecution for DUI/DWI, but it makes it harder for the state to prove its case.
- However, breath test refusal is a separate punishable offense,
which could lead to the following consequences. - A first offense of refusing to give a breath sample may result in automatic license suspension for seven months to a year. This is in addition to any license penalties if you are convicted of DUI or DWI.
- A second offense of refusal is punishable by two years of license revocation.
- A third offense calls for loss of license for 10 years.
A refusal on your record counts as a DUI/DWI conviction if you are accused of driving under the influence or breath test refusal in the future. As of 2011, driving on a license suspended for refusal of a breath test is a criminal offense with additional penalties.
Can You Fight a Breath Test Refusal?
Law enforcement is required to explain the implied consent law, the consequences of refusing the breath test, and to verify that you understand your rights. Under the law, if you give conditional consent or ambiguous response or stall for time, law enforcement can interpret that as a refusal. Our Woodbridge DUI defense attorney takes the time to examine the police report and other evidence such as the squad car or police station video. Our Woodbridge test refusal defense lawyer offers a free consultation to discuss sobriety test refusal in New Jersey and all facets of a drunk driving traffic stop.
Call our office now at (732) 709-4400 to get in contact with an attorney who can help.
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With more than four decades of legal experience and an exceptional track record of success, you can be confident in our ability to defend your rights, freedom and future. We have been defending the rights of the accused for more than four decades. We have the in-depth legal knowledge necessary to build a highly effective defense strategy on your behalf next.
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- Automatic Door Closes on Shopper
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“It has been a privilege working with Greg Goodman over the last 3.5 years where he represented me in a very difficult & complex personal injury case.”
It has been a privilege working with Greg Goodman over the last 3.5 years where he represented me in a very difficult & complex personal injury case. He and his team dedicated a great deal of time, over a three and a half year period, to me and my needs as a client. Greg and his team have always been there for my support and any questions throughout the challenging time. Greg is very experienced and knowledgeable in the field of personal injuries which helped me understand my concerns and needs better. I always received proper consulting and my best interest was taken in consideration at all times. It is never an easy time to go through injuries but Greg and his professional team help make this a comfortable journey in the toughest of times. I am very grateful and extremely satisfied with all the hard work that Greg and his team put into my case. I would recommend Greg Goodman and the Palmisano & Goodman Law Firm to the highest degree for your legal needs & representation as their priority lies within their clients.- Esha -
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Highly Recommend Maureen Goodman! Twice, due to accidents which were not my fault but caused major damage, I have reached out to Maureen and am very grateful to her and her team - Marci and Erin. Maureen is very sharp in her legal knowledge, facts of the case and spot-on about the possible outcomes. She always returns calls, answers the questions and does not make false promises. I found her very professional and a rare combination of ethics and intelligence. Above all, Maureen got me excellent and very timely results in both cases and I had peace of mind throughout the process that I was in excellent hands.- V.N. -
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Greg and the whole team have been phenomenal throughout my whole experience. They were always just a phone call away, kept me up to date on everything and went out of their way to make sure I understood all the legal things/terms that came into play. I would highly recommend them for any of your legal needs, they're just all around great people!- Wayne -
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Had the pleasure of working with Palmisano & Goodman, P.A. Their professionalism, knowledge, and care for clients are unmatched. Always kept me updated during every step of my case. Highly recommend them if you're looking for lawyers who put clients first. Thank you to the team, it has been a pleasure.- Kiannette M.