Refusing a Breath Test During a DWI Traffic Stop

What Happens if You Fail to Provide a Breath Sample

If the police have accused you of refusing to blow into the Alcotest machine during or after a DWI traffic stop, you may end up getting charged with breath test refusal, a traffic offense that can result in license suspension and other serious penalties.

I am John W. Tumelty, an experienced Jersey Shore breath test refusal attorney. If you have been accused of failing to provide a breath sample, don’t hesitate to contact my law firm to discuss how I can help you fight the charges. I represent clients in Atlantic City, Ocean City, Cape May, and the surrounding areas.

Understanding New Jersey’s Breath Test Laws

Under New Jersey’s law of implied consent, anyone who drives on a public road of New Jersey has automatically agreed to take a breath test if asked to do so. Breath test refusal (Alcotest refusal) is considered a traffic offense, and you can be convicted of it even if you are not charged with DWI.

Before the police can charge you with breath test refusal, they must have probable cause to arrest you for DWI. They must inform you that you are required to take the test and that failure to do so is an offense with serious penalties.

Updated Penalties for Breath Test Refusal in New Jersey 

If you refuse to take a breath alcohol test in New Jersey, you could face fines, license suspension, and ignition interlock device requirements. 

You can be mandated to complete an Intoxicated Driver Resource Center (IDRC) course at your own expense. You can also be held responsible for court costs, assessments, and a Drunk Driving Enforcement Fund (DDEF) surcharge of $100. Refusing a breath test does not necessarily prevent you from being charged with a DUI or DWI in New Jersey, which means you could also face DUI penalties in addition to the consequences of refusal. 

First-Offense Penalties

Under recent legal updates, first offenders convicted of breath test refusal are subject to a fine of $300 to $500 and can lose their licenses until an interlock device is installed. This device must remain installed in their vehicle for nine to 15 months. 

Consequences for a Second Offense

For a second offense, the fine increases to $500 to $1,000. The loss of driving privileges begins when an interlock device is installed and lasts for one to two years. You may be required to keep the interlock device operational for another two to four years after you get your license back. 

Penalties for Third and Subsequent Offenses

For a third or subsequent offense, you will face fines of $1,000. The suspension of your driver’s license lasts for eight years once you have an ignition interlock device installed. This device must remain installed for two to four years following reinstatement of your license. 

These penalties include mandatory driver’s license suspension for at least three months for a first offense, two years for a second offense and 10 years for a third offense. You could also be facing fines and other serious penalties if you are convicted of breath test refusal.

Carefully Investigating the Facts of Your Case

While some people say no to the breath test, others try to fool the machine by pretending to blow into it. This can also be the basis for a breath test refusal charge. However, some people have medical conditions that legitimately prevent them from providing adequate breath samples. This may be a good defense to a refusal charge.

Additionally, the traffic stop itself may be challenged if the police officer did not have good reason to pull you over.

If you hire me to defend you against breath test refusal charges, I will fully investigate all defenses you may have.  Call me today at 609-390-4600 to discuss your options for potentially avoiding or reducing the consequences of breath test refusal.