Oftentimes clients come into my office and ask me what happens if they refuse a breathalyzer test in the State of New Jersey. Up until several years ago, that was the advice that some attorneys would give their clients about refusing and that it was better for them. Unfortunately, in recent times that’s changed dramatically. In New Jersey, they issue you a separate moving violation for refusing the breathalyzer test. Unlike a DUI itself where you’re talking about a criminal standard of beyond a reasonable doubt, with a refusal you’re talking about a civil standard of preponderance of the evidence; much easier to prove for the state. Refusing a breathalyzer test in the State of New Jersey is not an advisable thing to do. If you do, it is treated similarly to a first offense for driving while intoxicated or DUI. You’re facing a 7 month license suspension, time in the Intoxicated Driver Resource Center, a mandatory $500 fine, and the potential of jail time.
Keith Hirschorn, P.C., is an experienced criminal defense attorney working throughout the state of New Jersey. If you have any questions regarding the merits, facts or circumstances of your case, call the law office, located in Hoboken, to set up a free initial consultation.