Barnegat NJ Breath Test Refusal Attorneys

DWI Lawyers in Barnegat TownshipA common companion offense to a Barnegat DWI charge is breath test refusal. This violation triggers many of the same penalties as a driving while intoxicated and applies in addition to those which are triggered for DWI. If you were stopped on the Garden State Parkway, U.S. Route 9 or another roadway in the township and charged with refusing to provide a breath sample and/or DWI, you are encouraged to contact our Toms River Office. Law Offices of Jonathan F. Marshall is the largest DWI/DUI defense firm in the state and possesses over 100 years of experience defending drinking and driving cases in Barnegat New Jersey. One of the attorneys on our staff, Matthew Dorry, is even a former prosecutor in the municipality. For an immediate free consultation with a lawyer at the firm, call us at 732-286-6500. Lawyers are available around the clock to speak with you.
Refusing to Provide a Breath Test in Barnegat New Jersey

The New Jersey Refusal Law that applies to your charge is contained at N.J.S.A. 39:4-50.4. This statute triggers a 7 month, 2 year and 10 year driver's license suspension for a first offense, second offense and third offense of breath test refusal, respectively. The fine for violating this law is $300-500, $500-$1,000 and $1,000. You are also subject to an annual DMV surcharge of $1,000 per year for three years for a first and second offense, and $1,500 per year for a third offense.

The prosecutor has an obligation to demonstrate probable cause to believe that you were under the influence of alcohol in order to convict you. He is also obligated to show that the police read the state approved breath test consent form. If these requirements are met, you have an absolute obligation to provide a breath sample by law. The reason is because you consent to submission of a breath sample under N.J.S.A. 39:4-50.2 as a condition of holding a license.

Barnegat Refusal Defense Lawyer

The stakes are obviously extremely high if you fail to defend your Barnegat refusal offense. Selecting the right lawyer is pivotal to your success in this regard. Attorneys at Law Offices of Jonathan F. Marshall have decades of experience handling drunk driving and related offenses, including refusing to provide a breath test, in Barnegat Township. Call us at 732-286-6500 for a free initial consultation.

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