Lawyers at our Monmouth County, New Jersey, firm frequently are asked what the consequences are of refusal to take a blood, breath, or urine test for blood alcohol content (BAC), and for advice on what a driver's response should be to a request to take a blood or breath test at a DWI traffic stop.

Consequences of refusal to take a breath or blood alcohol test

If you do refuse to take a BAC test, it will be harder for the prosecuting attorney to convict you of drunk driving. Field sobriety tests, eye witness observations, and other "probable cause" evidence are inaccurate, and our attorneys will challenge them as insufficient evidence for a DUI/DWI conviction.

However, refusal to take the test means you may now have to defend two charges, one for driving under the influence and another for refusal. Our lawyers will examine all records and evidence, presenting any relevant issues to the judge and working for a beneficial resolution.

Every situation is unique, and there are a number of defenses to drunk driving charges and refusal charges. Never assume you should automatically plead guilty to either a DWI or a refusal charge. If you would like to speak with one of our lawyers about circumstances surrounding your arrest, please call toll free 877-450-8301 or e-mail our Red Bank law firm to arrange a free consultation with a lawyer.

For more information about how our defense attorneys handle DUI/DWI, BAC test refusal, traffic, and criminal cases, see the following:

• New Jersey DUI/DWI Law
• Does the prosecutor have proof of intoxication?
• Blood and Breath Tests
• DWI Drug Charges
• Multiple DWIs
• License Suspension/Revocation
• New Jersey DWI/DUI Penalties

The text of New Jersey's statute for refusal to take a breath test and/or failure to submit to a breath test is contained on our Refusal Statute page. For additional information concerning the elements of the offense and the standard of proof to be applied in a Refusal case, the New Jersey Supreme Court decision of State v. Cummings 184 N.J. 84 (2005), is provided. For a discussion on what constitutes probable cause to request submission to a breath test, refer to State v. Wright 107 N.J. 488 (1987). You can also refer to State v. Sherwin 236 N.J. Super 510 (App. Div 1989), for information concerning the number of breath samples and consistency between the samples, which is required under the law of New Jersey.

The Law Offices of Jonathan F. Marshall
Red Bank, New Jersey, Lawyers

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