New Jersey has an “implied consent” law which basically means that if you drive a car on any road or highway in this state you are agreeing to consent to take the Alcotest, commonly referred to as a breathalyzer, if police suspect you of driving while intoxicated. In order to get to this point, a police officer must reasonably believe that you are driving under the influence. In order for the officer to establish the reasonable basis and probable cause for a DWI arrest they require certain observations such as a strong odor of alcohol on the breath, bloodshot or droopy eyes, slurred speech and disheveled clothing. More importantly, a police officer will request the driver to perform certain roadside tests referred to as Standard Field Sobriety Testing “SFSTs”. If a defendant “fails” these tests by exhibiting two or more clues on one or more, then the officer will conduct a DWI arrest. The defendant will then be brought down to the station to take a breath test so officers can collect a sample of the defendant’s blood alcohol concentration “BAC”. If you do not take the breath test or if the officers cannot obtain two successful breath readings because you do not blow into the Alcotest long enough and hard enough, you will be charged with Refusal. The penalties for Refusal in New Jersey essentially mirror the penalties for Driving While Intoxicated charges. A conviction for Refusal results in a minimum of 7 months and up to 1 year ignition interlock device to be installed in your vehicle for a first offense, license suspension for 1 to 2 years plus 2 to 4 years of an interlock device for a second offense, and an 8-year license suspension followed by an ignition interlock for 2 to 4 years for a third offense. Visit our DWI resource page for more information or contact Proetta & Oliver at (908) 838-0150.
Refusal Lawyers in Roselle Park NJ
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. Most people do not understand that a Refusal and DWI are actually completely different charges and if you refuse to give breath samples after being arrested for DWI, you will be charged with both. Consequently, you can be convicted of both and face double the fines, surcharges, Ignition Interlock Device, and added suspension depending on whether you have been convicted of DWI or refusal in the past. It is important that you consult with an experienced DUI defense attorney and learn about your rights and potential options. 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 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 Union County, including in Cranford, Roselle Park, Elizabeth, Linden, or Rahway, the Law Offices of William A, Proetta stand ready to assist you or your loved one. Call today for a free initial consultation.
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