Pennsauken NJ Refusal to Submit to a Breath Test Lawyer
DWI Defense Attorney in Camden County, New Jersey
In New Jersey, drivers give their consent to be given a breath test to determine their blood-alcohol content (BAC) just by driving in the state. Simply refusing to take this test is a violation of New Jersey law. Officers, however, are only allowed to administer the test if they reasonably believe that you have been driving under the influence.
Driving while intoxicated (DWI) offenses, including refusal to submit to a breath test, are very serious as they can have significant consequences that can impact several aspects of your life including educational and employment opportunities. If you have been charged with a DWI or refusal, you should speak with an experienced attorney as soon as possible to help you navigate the legal process and get you the most desirable result in your case. The attorneys at the Law Offices of Leonard Biddison have had tremendous success handling countless DWI cases for years in Camden and Burlington County including Haddonfield, Gloucester, Pennsauken, and Winslow. In fact, one of our attorneys is one of only a few lawyers in the state who is certified to operate the DWI Alcotest 7110. This means he understands the details of the device, how it works, and whether there are any defects with it’s functioning. If you have been charged with a DWI, having an attorney who knows how to get the best result in your case is imperative. Call the Law Offices of Leonard Biddison at 866-721-9510 anytime for a free initial consultation.
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 Leonard Biddison 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 866-721-9510 for a free initial consultation about your case.