Serving the Elizabeth NJ Superior Court & All Municipal Courts in Union County

Union County NJ Criminal Defense Lawyers

Over 100 Year of Combined Experience

Former County & Municipal Prosecutors



Breath Test Refusal

Linden Breath Test Refusal Defense Lawyers

Were you arrested and asked to submit to a breath test? Did you refuse to provide the requested breath sample? If you find yourself facing breath test refusal charges in Linden, Union Township, Roselle Park, or anywhere in Union County, our attorneys can assist you. Our legal team includes some of the most highly trained DWI lawyers in the state and a defense team that also includes several county and municipal prosecutors. The head of our DWI Department has over 35 years of experience, handles driving while intoxicated cases exclusively (i.e. 100% of this practice), and holds certifications on both the Alcotest and as an instructor in Standardized Field Sobriety Testing. We are certainly well equipped to defend a breath test refusal charge in Elizabeth, Cranford or any of the other municipalities in Union County. Gives us a call anytime 24/7 to arrange a free consultation or to speak to an attorney immediately. The attorneys at Marshall Bonus Proetta & Oliver can be reached at 1-908-272-1700 anytime 24/7.

Implied Consent To Provide a Breath Sample Under N.J.S.A. 2C:4-50.4

As a condition of the “privilege” of operating a motor vehicle in New Jersey, N.J.S.A. 2C:4-50.2 imposes an obligation to consent to a request for a breath sample if requested to do so by law enforcement. This statute is customarily referred to as the implied consent law. If a motorist refuses or fails to submit a breath sample, he/she is exposed to a separate and additional violation on top of the DWI which was probably filed. The offense is set forth at N.J.S.A. 2C:4-50.4 and is referred to as Refusal to Provide a Breath Test.

There are certain elements which the prosecutor must establish in order to prove a breath test refusal offense. First, the demand for submission of a sample must be based on reasonable grounds to believe that the accused was operating a motor vehicle while intoxicated or driving under the influence of drugs. What this means is that the arresting officer must have a valid reason to believe the defendant was operating the car or truck in question and also that the driver was impaired by alcohol or a controlled dangerous substance. If there is no reasonable factual basis to believe that the defendant was the operator of the vehicle or, alternatively, evidence to reasonably believe that he was intoxication/impairment , this first element for proving a refusal is lacking.

The second thing that must be established by the state to prove a refusal is that the demand for a breath sample was made in conformity with the law. The biggest component of this requirement is that the police officer properly read the informed consent form which is also referred to the standard statement or paragraph 36. Provided that the form was read consistent with the instructions on the form, this second requirement has been fulfilled. There is nothing further that must be done by the police officer in order to accomplish a valid demand.

Fines and Penalties If You Are Convicted of Breath Test Refusal in Roselle Park or Another Municipality in Union County

As previously stated, N.J.S.A. 39:4-50.4 sets forth the fines, license suspension, ignition interlock and other penalties that apply in the event of conviction for refusing to provide a breath test/sample. The following is a discussion of the penalties that you will face if you plead or are found guilty of violating 39:4-50.4.

First Offense Refusal. For a first offense of refusal to submit to a breath test, an individual is subject to $300 to $500 in fines , is subject to a mandatory suspension of driving privileges for 7 to 12 months and must serve 12 hours in the Intoxicated Drivers Resource Center ( IDRC ). The suspension for a first offense of refusal may run concurrent or consecutive to any revocation imposed for DWI under section 39:4-50.

Second Offense Refusal. Upon conviction for a second offense of breath test refusal, an individual is exposed to a fine of $500 to $1,000 , a 2 year drivers license suspension which must run consecutive to any DWI revocation, and must serve 48 hours in the IDRC .

Third Offense Refusal. A third offense of refusal carries a fine of $1,000, a motor vehicle license revocation of 10 years which must run consecutive to any DWI suspension, and again includes a referral to the Intoxicated Drivers Resource Center.

What We Can Do. Refusal charges are frequently viewed as open and shut cases by lawyers and prosecutors but the fact is that we are able to escape conviction on behalf of our clients all the time.  While the defenses to a refusal may be limited, they are nevertheless fertile if presented properly. This is where the years of DWI and refusal experience possessed by our lawyers prove invaluable.

Union Township Refusal Offense Defense Lawyer

If you received a summons/ticket for breath test refusal in Union and are seeking a Union DWI Lawyer, you are in the right place. We believe that the attorneys at Marshall Bonus Proetta & Oliver represent the most highly training and experienced DUI defense team in the state. Our eight lawyers have served as drunk driving prosecutors in more than 20 municipalities, four are among approximately 50 statewide who are certified on the Alcotest, three are among less than 10 who are certified as instructors in Standardized Field Sobriety Testing and we are one of a small handful of firms with its one version of the NJ breathalyzer. We defend hundreds of DWI and Refusal cases every year through the state, including in towns like Springfield, Roselle, Scotch Plains, Plainfield and Clark. An attorney at our firm is available immediately to assist you at 1-908-272-1700.

Other DWI Resources to Assist You

Union County Towns We Serve
First Offense for DWI Clark DWI Defense Lawyers
Breath Test Reading Springfield NJ DUI Attorneys
Drug DWI/DUI Offense Roselle Park DWI Attorney
Driving While Intoxicated in a School Zone Clark NJ DWI Attorneys
Breath Test Refusal Elizabeth NJ DWI Attorney