Refusing a breath test is a separate offense from a driving while impaired (DWI) charge. This comes with rigorous penalties that increase in severity based on the frequency of the offense. Grasping the laws governing this can help you understand why a breath test refusal constitutes a violation.
Violating the implied consent
In New Jersey, the courts operate under the implied consent law. By driving a car, you provided advance consent to chemical breath testing. This obligation applies whenever a law enforcement officer establishes reasonable grounds to believe you are driving under the influence.
While you can refuse, this means you violate the implied consent law. In fact, saying ‘no’ to an officer is not the only way to decline the test. These methods imply refusal:
- Remaining silent when asked to blow
- Agreeing to the test only if the officer meets your condition
- Delaying the test
- Failing to provide a sufficient breath sample
The courts rule these as an unambiguous refusal. Using any of these responses can result in a legal offense.
Outlining the penalties of a breath test refusal
If convicted of refusing a breath test, you can face these penalties on top of your DUI conviction:
- Paying a fine ranging from $300 to $500
- Facing a license suspension until you install an Ignition Interlock Device for nine to 15 months
- Attending the Intoxicated Driver Resource Center program
- Settling a $1,000 annual automobile insurance surcharge for three years following a refusal conviction
Note that these penalties only apply for a first offense. The punishments become more severe if the courts find you repeating the same offense.
Building a defense with help
Facing DWI and breath test refusal charges can be overwhelming due to their penalties. However, understand that a refusal charge is not an automatic conviction. There are several procedural requirements that police must meet. Failing to meet these may result in a case dismissal.
With your clean record on the line, you need help in challenging the arresting officer’s process. Seeking legal counsel is the best next step to move forward.