The law under which persons may be accused of refusal to submit to a Breathalyzer test are provided in the N.J.S.A. Section 39:4-50.4. In the state of New Jersey, every licensed driver is deemed to have issued their consent to taking chemical tests upon request by a law enforcement officer if the latter has reason to believe the former’s judgment is impaired.
Therefore, by refusing to take a chemical test such an individual can be subjected to additional criminal charges in addition to the DUI/DWI charge they will face. Refusing to take a BAC level test significantly limits the lines of defense that could have been used to argue your case.
As your legal representatives, our DWI lawyers will argue that the law enforcement officer that pulled you over did not have probable cause for that line of action. Another strategy is to argue that testing measures with DWI and other standard field sobriety tests, including personal observation, are highly subjective and hence prone to inaccuracy.
While not having data on your intoxication level (or lack thereof) makes it more difficult to get a conviction for driving under influence, remember that refusing to take a DWI BAC test could leave you defending yourself on both charges. If convicted for both, you could face double the penalties.
This means that first-time offenders in non-school zones are looking at license suspension for 12-18 months, four years on second offense and 20 years on third and subsequent offenses. For school zones, all the above-mentioned penalties would be doubled.
If you decide to refuse a chemical BAC test, your defense attorneys from Zapicchi & Liller will review any relevant records in relation to your charges and craft a defense based on relevant issues to try and secure for you a beneficial resolution.
According to New Jersey law, persons who are found driving a motor vehicle following a suspension as a result of conviction on DUI/DWI and/or refusal to submit to a breath test is a fourth degree crime.
If you have found yourself in any circumstance mentioned above, your smartest move will be to hire the experienced legal representation of our team of DUI/DWI attorneys. Every case has its unique set of circumstances, no matter how cut and dry it seems to be. It’s the job of the prosecution to make you feel or think that you have no recourse.
Do not take any step or talk to anyone before you have contacted an attorney for legal advice. Do not make any statements admitting or denying anything. Contact us in good time and let us help you secure a positive resolution in the shortest time possible.
Zapicchi & Liller attorneys are ready to fight any variation of DUI/DWI and chemical test refusal violations. We have successfully negotiated reduced penalties and complete dismissals for more than 90% of our clients.
Call us now for more information!