Over 200 Years Combined Experience Handling Charges in Middletown | Former Monmouth County Prosecutors | Former Municipal Prosecutors
Middletown Office Conveniently Located at 107 Tindall Rd, Middletown NJ 07748

Criminal Defense Lawyer


Refusal To Provide A Breath Sample

A charge that is a common companion to driving while intoxicated in Middletown is refusal to provide a breath sample. This offense is set forth in the New Jersey Motor Vehicle Code at N.J.S.A. 39:4-50.2 and represents a separate charge that is in addition to a DWI violation. Unfortunately, the penalties mirror those for DWI/DUI so that someone who fails to provide a breath sample faces two separate but virtually identical sets of penalties instead of one. The flip of this bad news is that our firm has an excellent success rate in getting refusal charges dismissed even though plea bargaining is strictly prohibited in 39:4-50.2 cases. We utilize our exceptional training and experience in defending drunk driving cases to identify issues that allow the prosecutor and Judge to dismiss a refusal and would welcome the opportunity to seek a similar result for you. Call our Middletown NJ Office for a free consultation.

breath sample refusal lawyer middletown nj

Charged With Refusing To Submit To A Breath Test in Middletown NJ

In accordance with N.J.S.A. 39:4-50.2 motorists are required to submit to a breath test if there is reasonable basis to believe that they have been driving and driving. When an individual refuses, they are exposed to the penalties provided for under this law. N.J.S.A. 39:4-50.4(a) provides, in pertinent part, that:

Consent to taking samples of breath; record of test; independent test; prohibition of use of force; informing accused

(a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S.39:4-50 or section 1 of P.L.1992, c. 189 (C.39:4-50.14).

(b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.

(c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.

(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.

(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of this amendatory and supplementary act. A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.

The severity of the penalties for refusal are different depending on whether or not the accused has a prior record for DWI or refusal. For a first offense, there is a $300-$500 fine and seven (7) months loss of license. For a second, the fine is $500-$1,000 for a second offense and the suspension is two (2) years. For a third or subsequent offense, the fine is $1,000 and your driver’s license is suspended for ten (10) years.

Middletown Refusal Charge Attorneys

If you have been charged with refusing to submit to a breathalyzer, you face penalties that are largely the same as driving while intoxication. A major problem with a refusal offense is that it is a separate charge from driving under the influence. As a result, an individual is exposed what is basically double the potential license suspension, fine, etc., when they refuse. The good news is that our Middletown DWI attorneys are successful in obtaining dismissals of refusals in many more cases that you might anticipate. We are prepared to fight for you to obtain a dismissal and there is no risk in contacting us as consultations are free of charge. Give us a call for immediate assistance.