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NJ Turnpike Breathalyzer Refusal Lawyer

DWI Attorneys Handle New Jersey Turnpike Breath Test Refusal Cases

The New Jersey Turnpike is one of the most heavily used roadways in the country. As a result, the road is closely watched for traffic violations. One of the most serious violations and one that is among those most strictly enforced is the refusal to take a breathalyzer or breath test.

Pursuant to N.J.S.A. 39:4-50.4a:

  • Revocation for refusal to submit to breath test; penalties Except as provided in subsection b. of this section, the municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested for a violation of R.S.39:4-50, shall refuse to submit to a test provided for in section 2 of P.L.1966, c.142 (C.39:4-50.2) when requested to do so, for not less than seven months or more than one year unless the refusal was in connection with a second offense under this section, in which case the revocation period shall be for two years or unless the refusal was in connection with a third or subsequent offense under this section in which case the revocation shall be for ten years. A conviction or administrative determination of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c.73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this section.

If you have been charged with refusing to take a breathalyzer on the New Jersey Turnpike, it is important to consult with an attorney familiar with the laws and issues surrounding DWI or DUI related offenses in New Jersey. The law firm of Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC has years of experience representing individuals charged with DUI related charges on the New Jersey Turnpike and other New Jersey roadways. Our criminal attorneys have many years of experience handling such offenses. Our criminal defense attorneys include former Prosecutors: Casey Woodruff, Robert Rowbotham, and Gary Grabas. Jon M. Bramnick is a Certified Civil Trial Lawyer with over 30 years of trial experience.

Breathalyzer Test Refusal Charges in New Jersey

If you refuse to take a breathalyzer test when ordered to do so in the state of New Jersey, you will be charged for refusing. Refusal to submit can include: an explicit refusal, a response that is ambiguous or conditional; or silence. By not explicitly agreeing to a breathalyzer, a person is refusing. In addition to being charged with refusing to submit, you may still be charged with driving under the influence. A breath test result is not required to convict you of driving under the influence.

Before the administration of a breathalyzer test, police officers are required to advise you of the penalties for refusing to submit. A charge for refusing to submit to a breathalyzer is serious. A conviction can carry as severe penalties as a DUI conviction. The penalties you may receive for the first offense, in addition to any penalties you may receive from an accompanying DUI or DWI conviction, include a $300-$500 fine ($600-$1,000 in a school zone), over $600 in fees, $1,000 a year for 3 years in surcharges, 7 months to 1 year loss of driving privileges, and at least 12 hours with the IDRC program.

Free Consultations Available – New Jersey Turnpike Refusal to Take a Breathalyzer Attorney

If you have been charged for refusing to take a breathalyzer and would like speak with one of the firm’s criminal attorneys, you can reach us at (908) 322-7000. We offer free initial consultations and are available 24 hours a day.



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Since 1984, the law office of Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC has worked tirelessly to deliver proper compensation to those involved in personal injury accidents throughout New Jersey. If the best settlement for your claim is not offered, our experienced trial lawyers are prepared to take your case before a New Jersey Superior Court jury.

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