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.
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.
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.
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.
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