DWI / DUI

What If I Refuse A Breathalyzer?

According to New Jersey statutes, "Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood" and "the municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested . . . shall refuse to submit to a test."

If you refuse to take a Breathalyzer test when asked to, you can lose your driver's license. Under New Jersey law, your driver's license may be revoked for up to a year for refusing to submit to a Breathalyzer. If you refused the Breathalyzer test, your defense attorney will need to address both types of offenses: refusing to take the Breathalyzer test and the underlying driving while intoxicated.

If you have been arrested for drinking and driving in New Jersey and refused the Breathalyzer test, you need a defense lawyer as soon as possible. At Maynard & Sumner, LLC, our attorneys have successfully defended many drivers with complicating issues such as refusal to take the breath test.

Even if your situation seems bleak, it is important to understand that there is often some kind of defense to these allegations. Our lawyers will attack any weaknesses in the evidence. For example, maybe the police officer who stopped your vehicle lacked probable cause to stop you. In many Breathalyzer refusal cases, the actual drunk driving charge is weakened, specifically because there is no breath evidence of intoxication. Our law firm will explore every avenue in our pursuit of a favorable outcome.

Contact Our Morris County Law Firm

If you are looking for a Passaic County or Essex County drinking and driving charges defense law firm, consider Maynard & Sumner, LLC. Please contact us online or call 973-540-0054 today to discuss your DWI arrest in a free consultation.