Can I face penalties for refusing to take a breath test after a DWI arrest?

Yes. You can face fines, a license suspension, mandatory training classes, and more for first, second, and more DWI arrests. However, to be convicted of refusing a breath test, the prosecution must prove that there was reasonable cause for the arresting officer to arrest you, that you were arrested for a DWI or DUI, and that there was a proper and appropriate request for a breath test and that you refused the test.

What constitutes refusal for breath tests in DUI and DWI cases?

As per the rulings of the New Jersey courts, your silence, providing short samples, delaying, stalling, outrightly refusing a test, and saying anything other than what constitutes a clear acceptance of taking a test (such as asking questions about the test instead of saying “yes” or otherwise agreeing to the test) can all be interpreted as a refusal to take a test. You can be ticketed or charged for doing so and may eventually face fines and penalties related to the original DUI or DWI. The best way to avoid such outcomes is to seek the representation of our knowledgeable New Jersey DUI attorneys so that we can fight your case and protect your rights.

New Jersey DUI Attorneys | DWI Defense Lawyers Haddonfield, NJ

New Jersey DUI Attorneys

DWI Defense Lawyers in Haddonfield, NJ Can Help You Beat DUI and DWI Charges in Atlantic County, Burlington County, Camden County, Gloucester County, and Throughout South Jersey

New Jersey’s drunk driving laws, which include driving while intoxicated or impaired (DWI) and driving under the influence (DUI), are some of the strictest in the country. You cannot pursue a DWI plea bargain for a lower charge for such crimes, which is an otherwise common strategy for many other types of charges. Even for a first conviction of drunk driving, you can face hundreds of dollars in fines, up to a month in jail, the loss of your driving privileges for three months, along with additional, long-lasting financial consequences. Furthermore, a DWI conviction will remain on your record, and prospective employers, bank officials, college/enrollment staff, and others will be able to access those records via a simple background check. You should have reliable New Jersey DUI attorneys help you fight the DUI/DWI charges you face. Our DWI defense lawyers in Haddonfield, NJ provide clients with skilled and courtroom-tested legal representation, so contact us today for seeking the best possible outcome in your DUI/DWI case.

Act now and secure strong DUI defense representation from Agre & St. John to safeguard your driving privileges and future. Call 856-454-8674 or fill out our convenient online contact form.

Drunk Driving in New Jersey and the Types of DUI/DWI Cases Handled by Our New Jersey DUI Attorneys

In New Jersey, it is illegal to drive with a blood alcohol content (BAC) at or above 0.08%. This limit can be established using breath, blood, or urine tests. The applicable threshold for trucks, buses, and other commercial vehicle drivers is 0.04%. However, consuming any amount of alcohol can lead to an arrest and charges of drunk driving if the police believe that your driving was negatively affected.

People under the age of 21 can be found guilty of DWI with any detectable amount of alcohol in their blood when behind the wheel of a car, even if the limits outlined above are not met. Furthermore, it constitutes a violation for anyone to operate a motor vehicle while impaired by narcotics, hallucinogenic substances, or habit-forming drugs.

Our New Jersey DUI attorneys handle all kinds of DUI and DWI cases, including:

First, second, and third DWI offenses
Underage DWI
Federal court DWI
Marijuana and prescription drug DUI
Refusing a breathalyzer or blood/urine tests

As is true for any kind of criminal charge, you are presumed innocent unless a prosecutor proves your guilt beyond a reasonable doubt. To avoid this, our DWI defense lawyers in Haddonfield, NJ will try to show that the prosecution’s case is flawed. There are many ways we can do this, such as:

Proving you were not operating a vehicle or vessel since the New Jersey courts say that operation for a violation or charge can be proved by the actual observation of the defendant driving while intoxicated or by the observation of the defendant inside or outside the vehicle in circumstances that indicate that they had been driving while intoxicated.
That you were the one observed and stopped and found to be behind the wheel.
That you were intoxicated.
That your BAC met or exceeded the applicable legal limits.

Every one of these criteria must be proven beyond a reasonable doubt, otherwise, the court would likely have to hand down a verdict of not guilty. Your charges can also be dropped if the prosecutor knows that they cannot prove these elements of your DWI/DUI charge. Our New Jersey DUI attorneys will scrutinize the case facts as they apply to each of these elements to determine where and how the prosecution’s case can be dismantled.

Don't let a DUI charge define your life – consult with Agre & St. John's experienced DUI defense attorneys to build a strategic defense tailored to your case.

Understanding New Jersey’s Driving While Intoxicated Statutes with the Help Of Our New Jersey DUI Attorneys

In New Jersey, intoxication and being under the influence are defined as suffering a substantial deterioration of the mental faculties or physical capabilities of a person as a result of the use of alcohol or drugs. This definition, the penalties for DUI/DWI offenses, and other related matters are provided in NJ Rev Stat § 39:4-50 (2017). If you are convicted of a DWI offense in New Jersey, you will lose your license, face fines of up to $400, serve up to 30 days in jail, and be required to take classes for intoxicated driving. Subsequent offenses and charges involving higher BAC levels come with higher and higher penalties, including months behind bars, thousands of dollars in fines, the mandatory use of an ignition interlock device, and a suspension of your driving privileges for up to 10 years.

Speak with Highly Rated DWI Defense Lawyers in Haddonfield, NJ Today

Our New Jersey DUI attorneys are just a call away. We handle DUI and DWI charges of all kinds and can help you lower or dismiss the charges you face. It all starts with a free initial consultation and an investigation into your case, so call us today to initiate the process.

Frequently Asked Questions About DUI Cases in Haddonfield, NJ

Yes. You can face fines, a license suspension, mandatory training classes, and more for first, second, and more DWI arrests. However, to be convicted of refusing a breath test, the prosecution must prove that there was reasonable cause for the arresting officer to arrest you, that you were arrested for a DWI or DUI, and that there was a proper and appropriate request for a breath test and that you refused the test.
As per the rulings of the New Jersey courts, your silence, providing short samples, delaying, stalling, outrightly refusing a test, and saying anything other than what constitutes a clear acceptance of taking a test (such as asking questions about the test instead of saying “yes” or otherwise agreeing to the test) can all be interpreted as a refusal to take a test. You can be ticketed or charged for doing so and may eventually face fines and penalties related to the original DUI or DWI. The best way to avoid such outcomes is to seek the representation of our knowledgeable New Jersey DUI attorneys so that we can fight your case and protect your rights.

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"Robert Agre told me what to expect each step of my case. He earned my trust with his knowledge of criminal law, ability to explain the process, and open communication. I was most impressed by his quick response time to my many questions throughout the process. I am grateful that I found him and appreciate everything he did for me. "

"Mr. St. John has not only proficiently and tenaciously defended me each time it was necessary, he has gone above and beyond. With Mr. St. John, I never felt as though I was a number, a file, or merely a client. His professionalism, reputation, and rapport in the field are apparent without the need for words. I have and will continue to trust him without hesitation, despite the underlying fear brought about by criminal charges. Chris, THANK YOU for the compassion and kindness you possess, which parallel the dedication you have to individuals such as myself."

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