If you’ve been arrested for a DWI in Elizabeth, New Jersey, and refused to take a breathalyzer test, you may be wondering about the legal implications. Refusing a breathalyzer test in New Jersey carries significant consequences, but you still have rights that need to be protected. Brett M. Rosen, Esq., our experienced DWI defense attorney are here to guide you through this complex situation.

New Jersey’s Implied Consent Law

New Jersey operates under an “implied consent” law. This means that by driving a vehicle in the state, you automatically consent to chemical testing (such as a breathalyzer) if a law enforcement officer has reasonable suspicion that you are driving under the influence.

Consequences of Refusing a Breathalyzer in NJ

Refusing a breathalyzer test in New Jersey is a separate offense with its own set of penalties. These can include:

• License Suspension: An ignition interlock device installed in your vehicle for 9 to 15 months or driver’s license suspension for that period for a first offense
• Fines: You may face fines ranging from $300 to $1,000 depending on if this is your first, second, or third offense.
• Mandatory Alcohol Education or Treatment: You may be required to attend an Intoxicated Driver Resource Center (IDRC) program.
• Increased Insurance Rates: Your insurance premiums will likely increase significantly.
• Evidence in Court: Your refusal can be used as evidence against you in court, potentially leading to a DWI conviction.

Defenses to Breathalyzer Refusal Charges

While the penalties for refusal are serious, there are potential defenses that a skilled attorney can explore:

• Lack of Probable Cause: If the officer did not have a valid reason to suspect you were driving under the influence, the stop and subsequent request for a breathalyzer may be invalid.
• Unlawful Stop or Arrest: If the initial traffic stop or arrest was unlawful, any evidence obtained afterward, including your refusal, may be inadmissible in court.
• Miranda Rights Violation: If you were not properly advised of your Miranda rights before being asked to take the breathalyzer, your refusal may not be used against you.
• Medical Conditions: Certain medical conditions may make it difficult or impossible to provide a breath sample.

Why Choose Brett M. Rosen, Esq. for Your Breathalyzer Refusal Defense?

At the Law Offices of Brett M. Rosen, Esq., we have extensive experience defending clients against DWI and breathalyzer refusal charges in Elizabeth and throughout Union County. Our dedicated attorneys will:

• Thoroughly investigate the circumstances of your arrest
• Analyze the evidence against you
• Challenge the legality of the stop, arrest, and breathalyzer request
• Explore all potential defenses to minimize the consequences you face

Frequently Asked Questions About Breathalyzer Refusal in Elizabeth, NJ

1. Can I refuse a breathalyzer test in New Jersey?
   
   • Technically, yes, but it will result in separate penalties under the implied consent law.
2. What happens if I refuse a breathalyzer and am convicted of DWI?
   
   • You will face the penalties for both the DWI and the refusal, which can include license suspension, fines, and mandatory alcohol education.
3. Can I get my license back after a breathalyzer refusal suspension?
   
   • Yes, but you will need to fulfill certain requirements, such as completing an IDRC program and paying restoration fees.
4. Should I consult an attorney if I refused a breathalyzer?
   
   • Absolutely. An experienced DWI attorney can help you understand your rights, explore potential defenses, and minimize the negative impact on your life.

Contact Us Today for a Free Consultation

If you’ve been charged with breathalyzer refusal in Elizabeth, New Jersey, don’t hesitate to contact Brett M. Rosen, Esq. We offer free consultations and are committed to providing you with the highest quality legal representation.

Remember: Time is of the essence in these cases. The sooner you contact us, the sooner we can start building your defense.