Woodbridge NJ Refusal Charges
In New Jersey, an “implied consent” law exists in which the operation of a motor vehicle essentially illustrates the driver’s consent to the taking of breath samples by the police to determine BAC if the officer has sufficient grounds to conduct such a test. to determine your Blood Alcohol Content (BAC). However, the officer can only use the breathalyzer (or Alcotest 7110) machine if the police officer reasonably believes that you are driving under the influence. In order for the officer to establish the reasonable basis to conduct such a test, he or she must be able to provide a “reasonable and articulable” belief that the driver may have been intoxicated while operating the vehicle. Such a reasonable and articulable belief may include the odor of alcohol exuding from the car of the defendant noticeable by an officer conducting a routine traffic stop or DWI checkpoint. Essentially, a refusal to breath or blood tests by drivers who are under suspicion bar the officer from conducting the test, but due to the implied consent law, a refusal operates in the same manner as DWI offenses. Visit our DWI resource page for more information or contact the Law Offices of Proetta & Oliver at (732) 659-9600.
Penalties for Refusal in NJ
As indicated above, the penalties for Refusal in New Jersey are essentially the same as penalties incurred from Driving While Intoxicated charges. This includes a 7 month-1 year license suspension for first offense, 2 years for second offense, and ten 10 years for third offense. Please visit our DWI and Refusal Penalties Page for more information.
Refusal Lawyers in New Brunswick
As you can see, the penalties for a refusal are severe. This is why it is very important to contact a skilled and experienced Refusal and DWI lawyer to challenge the state’s case against you. Will Proetta, Esq., our firm’s founding attorneys proudly holds a unique dual certification in the operation and maintenance of the Alcotest 7110- the device used by NJ law enforcement to measure BAC, and he is also a certified Standardized Field Sobriety Instructor. These unique qualifications allow him to diligently scrutinize the protocol and technicalities associated with all stages of your case- from your arrest and sobriety test to the date of your trial. If you have been charged with refusal in Middlesex County, including in Piscataway, Perth Amboy, South River, Milltown, or East Brunswick, the Law Offices of William A, Proetta stand ready to assist you or your loved one. Call today for a free initial consultation.
Additional NJ DWI Information
Middlesex County Towns Served