[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/what-you-need-to-know-about-refusing-a-breath-test-in-new-jersey\/#Article","mainEntityOfPage":"https:\/\/staging-dmlawyer2.wordkeeper.net\/what-you-need-to-know-about-refusing-a-breath-test-in-new-jersey\/","headline":"What You Need to Know About Refusing a Breath Test in New Jersey","name":"What You Need to Know About Refusing a Breath Test in New Jersey","description":"One of the most common ways the police and prosecutors use to prove a drunk driving case is a breath test. The result of a breath test can help determine your blood alcohol concentration (BAC), which is necessary to show that you were intoxicated while driving. A DWI (driving while intoxicated) can be more difficult… Continue reading What You Need to Know About Refusing a Breath Test in New Jersey<\/span><\/a>","datePublished":"2022-12-12","dateModified":"2024-11-25","author":{"@type":"Person","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/bpizzyseo\/#Person","name":"Dan T. Matrafajlo","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/bpizzyseo\/","identifier":3,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/c7ce850dfb59d9e63e64f898c516ec5b756e450185cc7bd5e4e2a8f9e9f795e7?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/c7ce850dfb59d9e63e64f898c516ec5b756e450185cc7bd5e4e2a8f9e9f795e7?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\/2022\/12\/dwi-lawyer-new-jersey.jpg","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2022\/12\/dwi-lawyer-new-jersey.jpg","height":1068,"width":1600},"url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/what-you-need-to-know-about-refusing-a-breath-test-in-new-jersey\/","about":["DWI"],"wordCount":412,"articleBody":"One of the most common ways the police and prosecutors use to prove a drunk driving case is a breath test. The result of a breath test can help determine your blood alcohol concentration (BAC), which is necessary to show that you were intoxicated while driving.A DWI (driving while intoxicated) can be more difficult to prove without a valid BAC measurement. However, if you refuse to submit a breath test, it can result in additional penalties.New Jersey\u2019s Implied Consent LawNew Jersey has an \u201cimplied consent\u201d law that requires motorists who are legally arrested for drunk driving to submit to an alcohol test. However, this implied consent law in New Jersey is different than most other states.New Jersey\u2019s law states that any individual who operates a motor vehicle in the state is deemed to have given consent to chemical testing of their breath. Unlike other states, New Jersey\u2019s implied consent law does not mandate drivers to take blood or urine tests.Penalties for Refusal of Breath TestIf you have been cited for refusal of a breath test, you will face penalties if the magistrate judge determine by a preponderance of the evidence (more likely than not) all of the following elements:The arresting officer has probable cause to believe that you were driving or in actual physical control of your car while under the influence of alcohol or drugsYou were lawfully arrested for drunk drivingThe officer informed you of the consequences of your refusal to submit to a breath testThe officer requested a breath test, andYou refused to submit to a breath test.If the judge can prove all of these factors, he or she will order the suspension of your driver\u2019s license and issue fines.1st Offense2nd Offense3rd OffenseLicense Revocation7 to 12 months2 years10 yearsFines$300 to $500$500 to $1,000$1,000A revocation of your license will typically run concurrently (back-to-back) with any other DWI-related revocation periods (a DWI conviction will also result in license revocation). However, for a first offense, the judge can order that the suspensions run together (at the same time).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":"What You Need to Know About Refusing a Breath Test in New Jersey","item":"https:\/\/staging-dmlawyer2.wordkeeper.net\/what-you-need-to-know-about-refusing-a-breath-test-in-new-jersey\/#breadcrumbitem"}]}]