[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/refusal-to-submit-a-chemical-testing-in-new-jersey\/#Article","mainEntityOfPage":"https:\/\/staging-dmlawyer2.wordkeeper.net\/refusal-to-submit-a-chemical-testing-in-new-jersey\/","headline":"Refusal to Submit a Chemical Testing in New Jersey","name":"Refusal to Submit a Chemical Testing in New Jersey","description":"When you get your driver\u2019s license in New Jersey, you give implied consent that if asked you will submit to chemical testing. \u201cImplied consent\u201d refers to an implicit agreement between the State of New Jersey and all drivers in the state in which motorists agree to do a chemical test in exchange for the privilege… Continue reading Refusal to Submit a Chemical Testing in New Jersey<\/span><\/a>","datePublished":"2023-06-16","dateModified":"2023-06-14","author":{"@type":"Person","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/dmlawyer\/#Person","name":"Dan T. Matrafajlo","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/dmlawyer\/","identifier":1,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/4cd7921c278b5fce01aa11ff8757760e046d90270e00964f697cbd173dee30a0?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4cd7921c278b5fce01aa11ff8757760e046d90270e00964f697cbd173dee30a0?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Beninato & Matrafajlo Attorneys Law LLC.","logo":{"@type":"ImageObject","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2021\/04\/logo.png","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2021\/04\/logo.png","width":366,"height":74}},"image":{"@type":"ImageObject","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2016\/02\/breath-test.jpg","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2016\/02\/breath-test.jpg","height":588,"width":882},"url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/refusal-to-submit-a-chemical-testing-in-new-jersey\/","about":["DWI"],"wordCount":476,"articleBody":"When you get your driver\u2019s license in New Jersey, you give implied consent that if asked you will submit to chemical testing. \u201cImplied consent\u201d refers to an implicit agreement between the State of New Jersey and all drivers in the state in which motorists agree to do a chemical test in exchange for the privilege of driving. Chemical tests can include giving breath, blood, or urine samples. As such, if you are pulled over for suspicion of driving under the influence, you are legally required to submit to a breathalyzer test requested by law enforcement.New Jersey Legal Blood Alcohol LimitNew Jersey state law has a legal blood alcohol limit of 0.08%. This means, if you are pulled over for suspicion of drunk driving and your BAC is 0.08% or higher, you will mostly likely be convicted of drunk driving. Refusal to Submit to Chemical TestingIf you refuse to submit to a chemical test, you could face violations under N.J.S.A. 39:4-50a and penalties if you are convicted or plead guilty to a refusal. Below is a summary of the penalties under New Jersey state law:First OffenseFines ranging from $300 to $500; andDDEF $100; andSuspension of your driver\u2019s license until an ignition interlock device is installed12 to 48 hours at IDRCThe court can order an installation of an ignition interlock for 9 to 15 monthsSecond OffenseFines ranging from $500 to $1,000; andDDEF $100; andSuspension of your driver\u2019s license for a time frame of 1 to 2 years following an installation of an ignition interlock deviceUsually 48 hours at IDRC, in accordance with treatment classificationThe court will order an installation of an ignition interlock for the duration of the suspension and for 2 to 4 years after the restoration of your driving privilegesThird or Subsequent OffenseFines up to $1,000; andDDEF $100; andSuspension of your driver\u2019s license for 8 yearsIDRC in accordance with treatment classificationCourt order of installation of an ignition interlock for 2 to 4 years after the restoration of your driving privilegesRefusal v. MirandaUnder current New Jersey law, Miranda rights do not apply to the submission of chemical testing. Miranda warning advises you of your right to have an attorney present. For most people, confusion between the two exists as to whether drivers have a right to an attorney during a breathalyzer test. The short answer is that motorists do not have the right to have an attorney present during the administration of a breathalyzer test under New Jersey law.Contact Us Today!If you have been arrested for a DWI offense, you should discuss your case, including any potential meritorious motions to suppress, with an experienced New Jersey DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Refusal to Submit a Chemical Testing in New Jersey","item":"https:\/\/staging-dmlawyer2.wordkeeper.net\/refusal-to-submit-a-chemical-testing-in-new-jersey\/#breadcrumbitem"}]}]