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Refusal to Submit to a Breath Test

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Elmwood Park Refusal to Submit to a Breath Test Defense Attorneys 

Drunk Driving (DWI) Defense Attorneys in Englewood, New Jersey

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Arrested for DUI in Bergen County NJ

The attorneys at The Tormey Law Firm, with offices in Hackensack, New Jersey have been representing clients charged with alcohol-related offenses across the state for years. With extensive experience combating charges such as underage DWI, DWI in a School Zone and leaving the scene of an accident in courts such as Englewood City, Saddle Brook, and Lodi, we have developed specifically-formulated defense strategies to address a host of driving under the influence offenses. For additional information about some of these strategies, view our DWI informational series on YouTube.

Travis J. Tormey, the firm’s founding partner, is one of a few New Jersey attorneys who is a certified Alcotest 7110 operator, the breath testing device used throughout the state to prosecute drunk driving cases. As such, Mr. Tormey understands the components of the machine, how it works, and can identify any issues with the functioning of the breath testing device. This knowledge and expertise can be used to attack the reliability of the breath test result in your case and may ultimately lead to the dismissal of your charges. To read just a few of our many DWI case wins, view our success stories page.

With offices conveniently located in Hackensack, in the heart of Bergen County, Mr. Tormey and his team of knowledgeable trial lawyers are available immediately to assist you at (201)-330-4979. The initial consultation is always provided free of charge.

Refusal to Submit to a Breath Test in New Jersey

When you drive a motor vehicle on a road in the State of New Jersey, you give your consent to the taking of your breath sample when asked by a law enforcement officer. This consent is provided in New Jersey statute N.J.S.A. 39:4-50.2 which provides:

N.J.S.A. 39:4-50.2

(a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S. 39:4-50.

(b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.

(c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.

(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.

(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of this amendatory and supplementary act. [FN1] A standard statement, prepared by the director, shall be read by the police officer to the person under arrest.

Consent and Failure to Provide Your Breath in New Jersey: N.J.S.A. 39:4-50.4a

Failure to provide a breath test in New Jersey is governed by N.J.S. 39:4-50.4(a) which provides in pertinent part:

a. Except as provided in subsection b. of this section, the municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested for a violation of R.S.39:4-50, shall refuse to submit to a test provided for in section 2 of P.L.1966, c. 142 (C.39:4-50.2) when requested to do so, for not less than seven months or more than one year unless the refusal was in connection with a second offense under this section, in which case the revocation period shall be for two years or unless the refusal was in connection with a third or subsequent offense under this section in which case the revocation shall be for ten years. A conviction or administrative determination of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c. 73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this section.

For additional information, contact one of the experienced DWI lawyers at Bergen County’s Tormey Law Firm at (201)-330-4979.

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If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.