Breathalyzer Refusal

Defending clients charged with refusing to take a breath test

New Jersey law enforcement takes drunk driving very seriously and the penalties for a conviction are tough on offenders. By refusing to take a Breathalyzer, however, you face other severe consequences.

At D'Alessandro & D'Alessandro, LLC, we defend clients from drunk driving and other traffic offenses, including Breathalyzer refusal. For more than 35 years, we have stood up for the rights of our clients in northern and central New Jersey. Contact our Basking Ridge & Morristown Breathalyzer refusal lawyers for skilled advocacy.

Penalties for failing to submit to a breath test

If you refuse to submit to a breath test, you will not avoid penalties. Instead, New Jersey law has separate penalties for Breathalyzer refusal. If you are a first-time offender, you could face:

  • License suspension of seven months to a year
  • Fines and court costs
  • Ignition interlock device on your vehicle for six months to a year
  • Mandatory alcohol education at a New Jersey Intoxicated Driving Resource Center
  • Increased insurance premiums

If you have had multiple offenses, whether they were previous Breathalyzer refusals or previous DUI convictions, refusal will result in greater penalties. This will mean larger fines as well as longer license suspension and ignition interlock device periods. The penalties also increase if you refuse a Breathalyzer in a school zone or crossing.

Basking Ridge · Beat DUI Breath Test · Lawyers with Experience

At our law firm, we will explore every avenue to fight the charges against you. We will investigate your arrest or traffic stop to ensure that the refusal was properly obtained. When you refuse a breath test, the police officer must read you your rights. In some cases, the driver may not speak English or have their rights properly read to them. Additionally, the officer may not be properly qualified to perform the breath test, the Alcotest or breath machine may not have been properly maintained, or there was improper radio or electromagnetic interference with the machine. In these situations, we may be able to contest the breath test.

Contact our attorneys

We help clients charged with failure to submit to a drug test. We can also help you with other driving related-charges, including reckless driving or DUI defense. To contact an attorney, call 908-340-6459.

Our attorneys represent clients facing Breathalyzer refusal charges in Bernards Township, Bridgewater, Bedminster, Long Hill, Morristown, Somerville, Harding Township, the Borough of Bernardsville and other towns and cities in northern and central New Jersey. We accept credit cards, offer flexible hours and are conveniently located near the center of Basking Ridge with easy access to and from Route 78 and Route 287.