Chat with us, powered by LiveChat

Monmouth County Criminal Defense Lawyers

If you have been arrested, charged with a criminal offense, or are under investigation, it is crucial that you speak to an experienced Monmouth County Criminal Defense Lawyer about your options.

schedule consultation
or call us now 732.858.6959

Free Initial Consultation 24/7

All Major Credit Cards Accepted

We have successfully defended our clients against thousands of Criminal, DWI, and Municipal Court charges throughout Monmouth County and New Jersey

Refusal To Submit Breath Sample

Middletown NJ Refusal Defense Lawyer

Refusal Defense Lawyer Middletown NJCharged with refusal to submit a breath sample in New Jersey? If so, we strongly recommend that you speak to a knowledgeable DWI defense attorney as soon as possible. As you will see below, a conviction for refusal to submit a breath sample can carry with it some rather devastating penalties. Including but not limited to a lengthy loss of license, high fines, insurance surcharges, imposition of the ignition interlock device and jail time, even for a first time offender. Furthermore, refusal charges are in addition to driving under the influence charges as well and if convicted, the penalties could be run consecutive to one another.

Proetta & Oliver has been defending those accused of refusal, DUI, assault by auto, eluding and underage DWI in courts throughout Monmouth County for the better part of the last decade. Those courts include but are not limited to the Tinton Falls Municipal Court, the Wall Township Municipal Court, the Holmdel Municipal Court, the Midletown Municipal Court, the Howell Municipal Court and the Ocean Township Municipal Court. If you would like to speak to one of our Monmouth County DWI defense attorneys about your options then please contact our Middletown office at 732.858.6959. One of our attorneys would be glad to sit down and go over the facts of your case with you and give you our honest advice on how we think we can be of assistance. As always, our initial consultations are free of costs. So if you have any questions, please do not hesitate to contact us.

Charged with Refusal in Wall Township NJ?

If you are reading this,  you are probably well aware of by now that refusing to submit a breath sample will not prevent the police from charging you with driving while intoxicated. In New Jersey we have what is known as an implied consent law. It basically means that by operating a motor vehicle within the State you are agreeing to provide a breath sample when requested. In order for an officer to lawfully request a breath sample, they only needs to establish what is known as probable cause. Probable cause can be established in a variety of different ways but some of the most common include failure of the Standardized Field Sobriety Test (SFST), slurred speech, bloodshot eyes, slow movements and the odor of alcohol.

How Come I was Charged with a Refusal in NJ?

There are basically two ways in which a Defendant can be charged with refusal in New Jersey. The first way, which is the most obvious way, is if an officer establishes probable cause and requests a breath sample, if the individual refuses to provided one, then they will be charged. The second way is if  the individual while attempting to provide a breath sample into the Alcotest Machine, fails to provide enough of a breath sample in order to achieve a reading, then they will be charged as well. In other words, an individual can be charged with a refusal even when they are attempting to provide a sample but fail to provide enough of a sample. To discuss refusals in greater depth, please contact our office at 732.858.6959.

Refusal Attorney in Tinton Falls New Jersey 

The penalties for refusing to submit a breath sample in New Jersey basically mirror that of a DWI conviction. A first time offender will be facing a 7-12 month loss of license; a second time offender will be facing a 2 year loss of license and a third time offender will be facing a ten year loss of license. Also, these penalties could be in addition to the penalties for a DWI conviction as well. As you can see, the penalties can be extremely harsh. That is why we strongly recommend that you speak to an experienced refusal defense attorney as soon as possible. To set up a free initial consultation today, please contact our Middletown office at 732.858.6959 or contact us online. We serve all of Monmouth County, including towns like Hazlet, Freehold, Matawan, Aberdeen, Belmar, Manasquan, Red Bank and Colts Neck.

So let’s start discussion of your problem, maybe it not so big
or call us now 732.858.6959