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New Jersey Breathalyzer Test Refusal Lawyer

New Jersey DUI Defense Attorney

In New Jersey, both law enforcement and the court system view charges of driving while intoxicated (DWI) and driving under the influence (DUI) as offenses that must be dealt with severely. Many drivers feel they can circumvent the charge by refusing to take a Breathalyzer. Unfortunately, this is not the case — and drivers who refuse to take the Breathalyzer test can face the same loss of driving privileges as a DUI or DWI conviction.

At The Law Offices of Martin A. Kron, we understand the fear that some drivers feel when facing a Breathalyzer test. In New Jersey, however, if you get arrested for DUI, you must take a Breathalyzer test. You have consented to taking the test by virtue of receiving your New Jersey driver's license. If this implied consent is broken, law enforcement personnel have every right to detain you and take you to a hospital for a blood test.

If you refuse the test, the penalties can include:

  • First offense: Up to a year license loss, up to $500 fine and $3000 in New Jersey surcharges.
  • Second offense: Two years license loss, up to $1000 fine and $3000 in New Jersey surcharges.
  • Third offense: Ten years license loss, $1000 fine and $4500 in New Jersey surcharges.

All fines and penalties increase if the infraction occurred in a school zone. All offenses require a 12-hour minimum commitment at the Intoxicated Driver Resource Center. For a more complete discussion of DWI penalties, visit the New Jersey Motor Vehicle Commission's website or schedule a free consultation with a lawyer at our office.

Contact Our Firm

If you have questions regarding your refusal to take a Breathalyzer test, contact The Law Offices of Martin A. Kron by calling 201-934-8344 or completing the contact form on this website. We offer a free initial consultation, and we charge reasonable fees for our services. We help residents of Bergen County, and communities throughout New Jersey.

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