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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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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I am 67 years old. I hurt my neck on a business property and needed a fusion to repair herniated discs. The insurance companies hired three attorneys who blamed me for the accident. It was upsetting but Mr. Goodman kept me calm and patient. He then did an amazing job of showing the condition was dangerous, they knew about it, and didn't fix it. After he cross examined the defense doctor, the insurance companies' attorneys asked for a conference and we settled for one million dollars. I highly recommend the Goodman firm!- Rob S.