If you have a driver’s license in New Jersey, this means you gave implied consent to submit to chemical tests in exchange for your driving privileges. In the event that you are arrested for a DUI, you are required by law to take a breathalyzer test and, if you refuse to do so, you may face some very severe penalties. Continue reading to learn more about the consequences of refusing to submit to a breathalyzer.
What Happens After You Refuse to Submit to a Breathalyzer?
Being arrested for a DUI is a difficult and stressful experience for anyone to endure, but if you refuse to submit to a breathalyzer, you can make matters exceptionally worse.
Below are some of the penalties you may face if you refuse to submit to a breathalyzer:
- If it is your first offense:
- An indefinite license forfeiture until an Ignition Interlock Device (“IID”) is installed on your motor vehicle;
- An IID must be installed between 9 and 15 months;
- A fine between $300 and $500.
- If it is your second offense:
- An indefinite license forfeiture until an IID is installed on your motor vehicle;
- An IID must be installed between 1 and 2 years;
- A fine between $500 and $1,000.
- If it is your third offense:
- An indefinite license forfeiture until an IID is installed on your motor vehicle;
- Once the IID is installed, a license forfeiture for 8 years;
- Upon restoration of your driving privilege, the IID is to remain installed for an additional period of between 2 to 4 years;
- A fine of $1,000.
Keep in mind that refusing to submit to a breathalyzer will not prevent you from being convicted of a DUI, even if the State cannot prove that your BAC is over the legal limit. The prosecutor can simply argue that you refused to take the test because you knew you were intoxicated.
Reach Out to Our Experienced Criminal Defense Team for a Case Evaluation Today!
If you were arrested for a DUI, you must submit to a breathalyzer. Even if you are over the legal limit, it does not mean you cannot defend yourself against the charges you are facing. An experienced criminal defense attorney can help you protect your future and secure the best possible outcome for your circumstances.
Call the Law Office of Louis G. DeAngelis, LLC at (201) 254-8484 to schedule a consultation with our experienced criminal defense attorney.