Are there penalties for refusing breath tests after a DWI arrest?

Yes. If you are arrested for a first, second, or third DWI charge, you can face substantial fines, a suspension of your license, attendance at driver’s training classes, and more. When it comes to charges for refusing a breath test, however, you can only be convicted if the prosecution can prove that there was just cause for your arrest, that you were arrested for a DWI or DUI, and that the request that was made for a breath test was proper and appropriate but you refused to take the test.

How do you define a refusal to take a breath test in a DUI or DWI?

As per the rules of the New Jersey courts, there are many ways that your refusal to take a breath test can be construed. These include silence, providing short samples that are inadequate, delays in taking the test, stalling, openly refusing to take a test, and anything else that can constitute a clear refusal to take the test, such as asking questions about it instead of initiating the test. You may receive a ticket or additional charges for doing so, which can add to the fines and penalties that you may end up having to pay if convicted. The best way to avoid these outcomes is to seek guidance from our knowledgeable Middletown DUI lawyer.

Middletown DUI Lawyer | DWI Attorney Middletown, NJ

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DUI Charges in Middletown, NJ
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Accomplished and Highly Rated DWI Attorney in Middletown, NJ Passionately Advocates for and Represents Clients Charged with DWI in Monmouth County and Throughout New Jersey

New Jersey’s drunk driving laws are some of the strictest in the country. They include driving while intoxicated or impaired (DWI) and driving under the influence (DUI). For many categories of charges, you can seek a plea bargain, but you cannot do so with a DWI. Even with your first-ever conviction for drunk driving, you may face up to 30 days in jail, hundreds of dollars in fines, a temporary loss of your driving privileges, and other long-lasting consequences. DWI convictions will also remain on your record, and potential employers, banks, landlords, and college or enrollment staff will be able to see your records with a simple background check. Our reliable Middletown DUI lawyer will help you fight the DWI charges you face, and we provide clients across the state of New Jersey with reliable and vigorous courtroom and legal representation, so call us today for a free case evaluation.

DUI and DWI Cases Handled by Our Middletown DUI Lawyer

New Jersey’s comprehensive drunk driving laws are contained in NJ Rev Stat § 39:4-50 (2013). As per this statute, it is illegal to drive with a blood alcohol content (BAC) of 0.08% or more in New Jersey. This statute also outlines the fines and punishments associated with first and subsequent DUI and DWI convictions.

The 0.08% limit can be established via breath, blood, and/or urine tests. While the applicable threshold for commercial vehicle drivers is 0.04%, having any amount of alcohol in your bloodstream can lead to an arrest and drunk driving charges if the police have proof or reason to believe that alcohol consumption negatively affected your driving. Furthermore, anyone under the age of 21 can be found guilty of DWI if they have any detectable amount of alcohol in their blood while operating a vehicle, even if the tested amount does not meet the legal limits. The same applies to other substances such as narcotics, hallucinogens, and various habit-forming drugs.

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If you face DUI or DWI charges of any kind, our DWI attorney in Middletown, NJ can help. We can assist with cases such as:

First, second, and subsequent DUI or DWI offenses
Underage DWIs
Federal court DWIs
Prescription drug DUIs, including charges for marijuana use
Charges of refusing testing

While you will be presumed innocent until proven guilty beyond a reasonable doubt, you should have an Middletown DUI lawyer handle your case for you. We can work to discredit the prosecution’s case by:

Showing that you were not operating a vehicle or vessel
That you were not the individual who the police observed to have been behind the wheel
That you were not intoxicated
That your BAC did not meet or exceed the legal limits

To be convicted, the prosecution will have to find you guilty of all of the above. If not, the judge will most likely hand down a verdict of not guilty. You can have your charges dropped if the prosecution cannot convincingly prove these elements of your charges.

DUI Charges in Middletown, NJ

There were almost 130 alcohol-related driving fatalities in New Jersey in 2019. According to New Jersey’s Office of the Attorney General, driving while intoxicated is a deadly crime, and hundreds of thousands of drivers are arrested every year for driving under the influence of drugs or alcohol. About one-third of all arrests and convictions involve repeat offenders. The situation has been a longstanding challenge to public safety, to the point that the national Drive Sober or Get Pulled Over crackdown was launched in 1999 to prevent drunk driving-related accidents and deaths. While the crackdown may help to lower alcohol-related deaths, you can still be charged with a DUI or DWI even though you are innocent. Our Middletown DUI lawyer can help you fight the charges you face, so contact us for more information on what we can do to protect your rights and freedom.

Speak with a Highly DWI Attorney in Middletown, NJ Today

Our team of New Jersey DUI attorneys are just a call away. We handle DUI and DWI charges of all kinds and will help you fight the charges you face. Contact us today for a free case evaluation. We will investigate your case and gather the evidence needed to absolve you of the charges you face. In case of a conviction or multiple offenses on your record, we can also seek a reduction of the charges and penalties you face so that you can get your life back on track.

Middletown DUI Lawyer