What Happens if You Refuse to Take a Chemical Test in New Jersey?

Chemical Test

When you are stopped by police for suspicion of drinking and driving, the officer may ask you to submit to a field sobriety test or, based on observations, may ask you to take a chemical test. What happens if you refuse to take the test?

New Jersey has an implied consent law. That means that when you get behind the wheel, you consent to submit to a blood test if pulled over. The test must be administered at the time of your arrest. You cannot be compelled to take a blood alcohol content (BAC) test.

If you refuse, you will automatically have your license suspended. The length of the suspension, though, will depend on how many times you have been convicted of driving while intoxicated. If it’s your first offense, the suspension will only be for a period of seven months. For a second offense, you will lose your right to drive for two years. For all subsequent convictions, you will have your license revoked for 10 years.

It’s almost never in your best interests to refuse to take a blood-alcohol test. Police can rely on other types of evidence to obtain a conviction and, if you are convicted after having refused the blood test, the penalties will be even more severe.

Contact Attorney Michael Curtis Greenberg

Don’t lose your license or go to jail. Let us fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at at 855-598-3650.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

Penalties for Drunk Driving in New Jersey

Penalties for Drunk Driving

If you’ve been cited for drunk driving in New Jersey, you’ll want to know the possible penalties for a conviction. As in other states, the potential sanctions depend on how many prior convictions you’ve had. Here’s an overview.

Penalties for All DUI/DWI Convictions

Anyone convicted of violating DUI/DWI laws in New Jersey will be required to pay the following fees:

  • A $100 surcharge to the drunk driving enforcement fund
  • A $100 fee for motor vehicle restoration
  • A $100 violent crimes compensation fee
  • A $100 Intoxicated Driver Program fee
  • A $100 state and municipality fee

First Conviction

Even if you’ve never been convicted of drinking and driving before, you can be sentenced to up to 30 days in jail for a DUI/DWI. The financial penalties can range from $250 to $00 and you can lose your license for anywhere from three months to a year. An ignition interlock may also be required by the court.

Second Conviction

If you’ve been convicted once before, you can be sentenced to up to three months of incarceration and face a fine of $500 to $1,000. Your license will be suspended for two years and you may have to have an ignition interlock installed.

All Subsequent Convictions

For all subsequent convictions, you can face up to six months in jail, a $1,000 fine and the suspension of your license for 10 years. An ignition interlock device may also be required.

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. Let us fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at at 855-598-3650.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

Defending a DUI Charge in New Jersey-Searches and Warnings

2. Defending a DUI Charge in New Jersey

If you have been arrested and charged with drunk driving in New Jersey, and the blood alcohol tests confirm that you exceeded the legal level when pulled over, you may still be able to successfully defend the charges. Police are required to follow a very specific set of procedures when stopping you, and often make mistakes that can warrant the dismissal of the case against you. One of the most common involves failing to meet Constitutional requirements.

Under the 4th Amendment to the U.S. Constitution, all citizens have the right to be free from unreasonable search and seizure. To be reasonable, there must be what is known as the probable cause the officer making the traffic stop must either observe a traffic violation or have reasonable cause to believe that you are violating or have violated the law. In addition, if you are taken into custody, you must be advised of your “Miranda” warnings – that you have the right to remain silent, that you have the right to an attorney, that you have the right to have an attorney appointed for you if cannot afford one. If the police don’t put you on notice of your Miranda warnings, anything you subsequently say may be excluded from evidence at trial.

Contact the Law Office of Michael Curtis Greenberg

You don’t have to lose your license or go to jail. Let attorney Greenberg fight to protect your rights!

Your first consultation is free. We’ll meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We take all credit cards, as well as PayPal.

For an appointment, contact us by e-mail or call our office at (800) 608-1350.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates