Burlington County Breathalyzer Test Refusal Lawyer

DUI Breath Test Refusal Attorney in Burlington County, NJ Protects Drivers Facing Chemical Test Allegations

When a law enforcement officer pulls you over on suspicion of driving under the influence, they will likely ask you to submit to a chemical breath test. Many drivers believe they have the right to say no, but in New Jersey, the law views this differently under the doctrine of implied consent. If you have been charged with declining to provide a breath sample, you are facing severe penalties that can impact your ability to work and support your family. At The Law Office of John B. Brennan, I understand the technicalities of these cases and the stress they cause. As a Burlington County breathalyzer test refusal lawyer, I help my clients navigate the municipal court system by providing a focused and strategic defense against these complex allegations.

The consequences of a refusal conviction are often just as harsh as a DUI conviction, and in some cases, they can be even more complicated to resolve. Because I have spent over two decades as a prosecutor, I know the specific steps officers must follow to make a refusal charge stick. My goal is to ensure that your rights were not violated during the traffic stop or the testing process at the police station. If you are facing these charges, contact our firm today by phone or through our online contact form to schedule a free, confidential consultation. Working with a DUI breath test refusal attorney in Burlington County, NJ, is an important first step in protecting your driving privileges and your future.

Understanding Implied Consent And Refusal Laws

In New Jersey, every person who operates a motor vehicle on a public road is deemed to have given their consent to submit to a breath test for the purpose of determining their blood alcohol concentration. This is known as the implied consent law, found under N.J.S.A. 39:4-50.2. This law means that if an officer has reasonable grounds to believe you are driving while intoxicated, you are legally required to provide a breath sample when requested. A refusal does not just mean saying no; it can also include providing insufficient samples, delaying the test, or remaining silent when asked to blow into the machine.

A charge for refusal is separate and distinct from a DUI charge. You can be found not guilty of driving under the influence but still be convicted of refusal if the court finds that the officer’s request was lawful. The state must prove that the officer had probable cause for the arrest, that the officer read the standard statement explaining the consequences of refusal, and that the defendant still declined to provide a sample. A Burlington County breathalyzer test refusal lawyer will carefully examine whether the officer read the required standard statement in a language the driver understood, as this is a common area for legal challenges.

Types Of Cases We Handle

The Law Office of John B. Brennan handles a wide range of cases involving chemical testing and police procedures. I provide representation for matters involving:

• Standard refusal: cases where a driver explicitly tells the officer they will not take the breath test
• Inadequate breath samples: situations where a driver attempts to blow but the machine does not record a sufficient volume of air
• Conditional consent: cases where a driver agrees to the test only if they can speak to an attorney or a third party first
• Language barrier refusals: instances where the driver did not understand the officer’s instructions due to a language difference
• Medical condition defenses: cases where a physical ailment or lung condition made it impossible for the driver to provide a sample
• Refusal following an accident: complex situations where a driver is asked to submit to testing after a motor vehicle collision
• And more: for all other cases, regardless of complexity or circumstance

Each case involves unique facts regarding the interaction between the driver and the police. By reviewing police body camera footage and station house records, I work to find inconsistencies in the state’s version of events.

The Legal Process For Refusal Allegations

The legal process for a refusal charge begins at the moment of the stop and continues through the proceedings in municipal court. Understanding the timeline helps you prepare for what lies ahead.

• The traffic stop: the officer observes a driving infraction or signs of impairment and initiates a stop
• Field investigation: the officer asks the driver to exit the vehicle to perform various physical sobriety tests
• The arrest: if the officer believes there is probable cause, the driver is handcuffed and transported to the station
• The standard statement: at the station, the officer must read a multi-page document informing the driver of their rights and obligations
• The testing request: the officer asks the driver to provide samples into the Alcotest machine
• Issuance of summons: if the driver declines or fails to provide samples, a summons for refusal is issued alongside any DUI charges
• Discovery and motion hearings: the defense attorney reviews the evidence and challenges the lawfulness of the stop or the arrest

A Burlington County breathalyzer test refusal lawyer is essential during the discovery phase. This is when we obtain the calibration records of the machine and the video recordings of the officer reading the standard statement to ensure everything was done according to the law.

Consequences And What Is At Stake

The penalties for refusing to submit to a breath test in New Jersey are strictly enforced and have become more severe in recent years. What is at stake for you includes:

• License revocation: a mandatory loss of driving privileges that varies in length depending on prior offenses
• Ignition interlock requirement: the mandatory installation of a breath testing device in your vehicle at your own expense
• Monetary fines: court-imposed penalties that can range from hundreds to thousands of dollars
• State surcharges: a mandatory payment of 1,000 dollars per year for three years to the state
• Dräger Alcotest fees: various administrative fees associated with the processing of the refusal charge
• Intoxicated Driver Resource Center: a requirement to attend mandatory education and evaluation classes

For a first offense where the driver’s blood alcohol level is unknown, the ignition interlock device must remain on the vehicle during the period of suspension and for several months after the license is restored. The loss of a license can make it impossible to get to work or handle daily responsibilities, which is why a DUI breath test refusal attorney in Burlington County, NJ, is so important.

Defending Against A Refusal Charge

Defending a refusal case requires a different strategy than defending a standard DUI because there is no blood alcohol reading to challenge. Instead, the focus is on procedure and constitutional rights.

• Probable cause challenges: arguing that the officer did not have a valid reason to stop the car or arrest the driver
• Standard statement errors: identifying if the officer failed to read the entire required statement or omitted key sections
• Ambiguous responses: showing that the driver’s response was not a clear refusal but rather a misunderstanding of the instructions
• Machine malfunction: investigating whether the breathalyzer was working properly when it flagged a deficient sample
• Physical impossibility: providing medical evidence that the driver was physically unable to blow enough air into the machine
• Right to independent testing: checking if the police interfered with the driver’s right to obtain their own blood test after the police test

As a Burlington County breathalyzer test refusal lawyer, I examine the “twenty-minute observation period” that officers must follow. If the officer did not properly watch the driver before the request, the entire process may be deemed invalid.

How The Firm Can Help

Navigating the legal system after an arrest can leave you feeling powerless and stressed. I focus on providing the empathy and support needed to get through this difficult time. My goal is to handle the legal complexities so that you can focus on your life and your family. I take pride in guiding clients through the fear and confusion that often follows a police encounter.

When you contact my firm, I work to provide clarity on your situation. I explain the potential outcomes and the strategies we can use to fight the charges. By being available to answer your questions and keeping you updated on the progress of your case, I strive to reduce the anxiety associated with municipal court proceedings. My role is to be your advocate and to ensure that you are treated fairly by the court and the prosecution.

Why Choose Our Firm

The Law Office of John B. Brennan is dedicated to providing high-quality defense for residents of South Jersey. I believe in a detail-oriented approach where no stone is left unturned. My background as a former prosecutor means I have seen these cases from every angle, and I use that insight to build stronger defenses for my clients. I am committed to responsiveness and clear communication, ensuring that you never feel left in the dark about your case.

Choosing an attorney who is a Certified Criminal Trial Attorney means you are working with someone who has demonstrated a high level of skill and experience in the courtroom. I do not just look for quick plea deals; I look for ways to protect your rights and your driving record. When you need a Burlington County breathalyzer test refusal lawyer, you can trust that I will bring dedication and a deep understanding of the law to your defense.

Call us now or reach out through our online contact form to speak with a DUI breath test refusal attorney in Burlington County, NJ, and learn how we can help protect your rights.

Frequently Asked Questions About Your Rights When Refusing a Breathalyzer Test in New Jersey