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If you are pulled over on suspicion of driving while intoxicated (DWI) in New Jersey, you may be asked to provide a breath sample. Many drivers wonder what happens if they refuse a breath test and whether refusing can prevent a DWI charge.
In New Jersey, refusing a breath test after a lawful DWI arrest can result in a separate refusal charge and significant consequences for your driving privileges. New Jersey’s implied consent law generally requires motorists to submit to an authorized breath test when the legal requirements are met.
A breath test refusal does not necessarily prevent a person from also being charged with DWI. The two matters can arise from the same incident and may have separate legal consequences.
If you have been charged with DWI or refusal to submit to a breath test, understanding the law and the circumstances surrounding the traffic stop and arrest is important.
New Jersey has an implied consent law under N.J.S.A. 39:4-50.2.
In general, a person who operates a motor vehicle on a public road, street, highway, or certain quasi-public areas in New Jersey is deemed to have consented to providing breath samples for an authorized chemical test when a police officer has reasonable grounds to believe the person was operating a vehicle in violation of the state’s DWI law.
This is different from simply being asked to participate in field sobriety exercises or answering questions during a traffic stop. The breath-testing requirement is governed by specific statutory requirements.
New Jersey law also requires the officer to inform the person of the consequences of refusing the test. The statute provides that a standard statement is to be read to the person under arrest.
A person cannot be physically forced to provide a breath sample against physical resistance. However, refusing to provide the sample does not mean there are no consequences.
New Jersey law specifically provides penalties for refusing to submit to an authorized breath test. A refusal can lead to a separate proceeding in municipal court and may result in loss of driving privileges, fines, ignition interlock requirements, and other consequences.
Therefore, simply refusing a breath test should not be viewed as a way to avoid the consequences of a DWI investigation.
If you refuse a breath test after a DWI arrest, several things may happen.
Under N.J.S.A. 39:4-50.4a, a municipal court determines whether the required elements of a refusal violation have been established. Among other things, the court considers whether the officer had probable cause to believe the person had been driving or was in actual physical control of a vehicle while under the influence, whether the person was arrested when required, and whether the person refused the test upon request.
A conviction for refusing to submit to a breath test can result in the loss or revocation of driving privileges.
The consequences can vary depending on whether it is a first, second, or subsequent refusal offense and whether there are other DWI-related convictions arising from the same incident. New Jersey’s current MVC guidance lists different license consequences for first, second, and subsequent refusal offenses.
For a first refusal offense, the MVC currently lists a license loss of approximately seven months to one year, while repeat offenses can result in substantially longer periods.
The precise consequences in an individual case depend on the applicable law, the person’s prior record, and the court’s orders.
A refusal conviction can also result in monetary penalties.
Under N.J.S.A. 39:4-50.4a, the statutory fine is:
Additional fees, assessments, surcharges, and program-related costs may also apply.
An ignition interlock device is a breath-testing device installed in a vehicle. Depending on the circumstances and applicable law, a person convicted of a refusal offense may be required to use an ignition interlock device.
New Jersey MVC guidance currently lists ignition-interlock requirements associated with refusal convictions, including requirements during a period of license suspension and after restoration of driving privileges.
Because ignition-interlock requirements can depend on the offense history and the applicable statutory provisions, anyone facing a refusal charge should determine the specific requirements that apply to their case.
Yes.
A person can face both a DWI charge and a refusal charge arising from the same traffic stop.
For example, a person may be investigated and arrested for suspected DWI and then refuse to provide the requested breath samples. New Jersey court records show cases in which defendants were charged with both DWI and refusal to submit to breath samples.
The two allegations involve different legal issues.
A DWI charge generally concerns whether the person operated a motor vehicle while under the influence or with a prohibited blood alcohol concentration. A refusal charge concerns whether the person unlawfully refused an authorized breath test after the requirements for the test were met.
This distinction is important because refusing a breath test does not automatically eliminate the possibility of a DWI prosecution.
No.
Refusing a breath test does not automatically prevent a DWI charge or conviction.
A DWI investigation may involve evidence other than a breath-test result, including an officer’s observations, driving behavior, statements, field sobriety testing, video evidence, and other evidence collected during the investigation.
At the same time, a refusal case has its own legal requirements. The municipal court must determine whether the statutory elements of refusal have been established.
This is why the circumstances surrounding the traffic stop, arrest, warnings, and alleged refusal can be important when evaluating a refusal charge.
A refusal charge is not necessarily the end of the legal process.
The specific facts of the case should be reviewed to determine whether the State can establish the elements required for a refusal conviction.
Potential issues may include questions concerning:
New Jersey law requires the municipal court to determine certain elements of a refusal offense, including probable cause, arrest where required, and whether the person refused the test upon request.
The facts and legal issues can vary significantly from one case to another.
A driver may not always understand what is happening during a DWI investigation.
Questions can arise about whether a person clearly refused, whether the person was confused by the instructions, whether there was a communication problem, or whether the required warnings were properly provided.
New Jersey law specifically requires an officer to inform the person under arrest of the consequences of refusing the chemical test, using a standard statement.
Because the details can matter, it is important to preserve and review the available evidence rather than assuming that a refusal allegation automatically establishes liability.
A refusal case is handled in New Jersey Municipal Court.
The court evaluates the evidence and determines whether the legal requirements for the refusal offense have been established.
New Jersey Courts identify DWI and refusal-to-submit-to-a-breathalyzer matters as cases that generally proceed in person because they can involve the loss or suspension of a driver’s license or other significant consequences.
Depending on the circumstances, the case may involve court appearances, motions, negotiations, or a trial.
The appropriate approach depends on the facts of the individual case.
If you have been charged with refusing a breath test in New Jersey, consider taking the following steps:
Review the Charges
Determine exactly what you have been charged with and whether there are additional charges, such as DWI, reckless driving, careless driving, or other motor vehicle violations.
Preserve Your Documents
Keep copies of your summonses, court notices, driver’s license information, and any paperwork provided by law enforcement or the court.
Record What Happened
While the details are fresh, write down what you remember about the traffic stop, arrest, requests for testing, warnings, and events at the police station.
Avoid Making Assumptions About the Consequences
The penalties for a refusal can depend on whether the offense is a first, second, or subsequent violation and whether other DWI-related charges are involved.
Speak With a New Jersey DWI Attorney
A lawyer can review the circumstances of the stop, arrest, alleged refusal, and available evidence and explain the legal issues that may apply to your case.
No. Refusal to submit to a breath test is a separate motor vehicle violation. However, a person may face both a DWI charge and a refusal charge arising from the same incident.
A first refusal conviction carries a statutory fine of $300 to $500. It can also result in loss or revocation of driving privileges, ignition-interlock requirements, and other assessments or program requirements. The MVC currently lists a license loss of approximately seven months to one year for a first refusal offense.
New Jersey’s implied consent law creates legal consequences for refusing an authorized breath test after the applicable requirements are satisfied. Whether a refusal charge can be successfully challenged depends on the circumstances of the case.
No. Refusing a breath test does not automatically prevent a DWI prosecution. A person may be charged with both DWI and refusal.
Yes. A refusal conviction can result in the loss or revocation of driving privileges. The length and conditions depend on the offense history and applicable law.
An ignition interlock device may be required following a refusal conviction. The specific requirements depend on the offense and applicable law. Current New Jersey MVC guidance provides ignition-interlock requirements for refusal offenses.
You have the right to seek legal counsel. Because a refusal charge can affect driving privileges and may occur alongside a DWI charge, speaking with an experienced New Jersey DWI attorney can help you understand the charges, potential consequences, and available legal options.
A breath test refusal can create serious legal and driving-related consequences. However, every case is different, and the circumstances surrounding the traffic stop, arrest, testing request, warnings, and alleged refusal can matter.
If you have been charged with DWI or refusing to submit to a breath test in New Jersey, JSD Legal can review your situation and explain the legal process and potential options available to you.
Contact JSD Legal to schedule a consultation with a New Jersey DWI attorney.
Legal Disclaimer This article is provided for general informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. New Jersey DWI and breath-test refusal laws can change, and the outcome of an individual case depends on its specific facts and circumstances. Consult a qualified New Jersey attorney for advice regarding your particular situation.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
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