New Jersey law does not take DUI convictions lightly. And if you are also convicted of refusing a breathalyzer test upon being pulled over by a law enforcement officer, then you are looking at even harsher penalties. Continue reading to learn more about these potential charges and how an experienced Morristown DUI defense lawyer at Graves Andrews, LLC can help to build a defense that will reduce or eliminate them altogether.
What are the penalties for refusing a breathalyzer test?
If you are convicted of refusing a breathalyzer test, there are different charges which are contingent on if this is your first, second, or third offense. Such charges read as follows:
- First offense.
- Fine: anywhere between $300 to $500, along with a mandatory drunk driving enforcement fund surcharge.
- License suspension: anywhere between seven to 12 months, which can run concurrently with a related DUI conviction at the judge’s discretion.
- Intoxicated Drivers Resource Center (IDRC): 12 hours at this alcohol education program.
- Ignition interlock installation: for the license suspension period, in addition to anywhere between six to 12 months upon restoration of driving privileges.
- Division of Motor Vehicle (DMV) surcharge: $1,000 per year for three years.
- Second offense.
- Fine: anywhere between $500 to $1,000, along with a mandatory drunk driving enforcement fund surcharge.
- License suspension: two years, which can run concurrently with a related DUI conviction at the judge’s discretion.
- Ignition interlock installation: for the license suspension period, in addition to anywhere between one to three years upon restoration of driving privileges.
- DMV surcharge: $1,000 per year for three years, and your license will be suspended until the surcharge is paid in full.
- Third offense.
- Fine: $1,000, along with a mandatory drunk driving enforcement fund surcharge of $100.
- License suspension: 10 years, which can run concurrently with a related DUI conviction at the judge’s discretion.
- IDRC: this alcohol education program may also impose conditions on the restoration of your driver’s license, such as mandatory attendance at Alcoholics Anonymous meetings.
- Ignition interlock installation: for the license suspension period, in addition to anywhere between one to three years upon restoration of driving privileges.
What defenses can I take against my breathalyzer refusal conviction?
If applicable, you can argue that the law enforcement officer did not give a proper demand to perform the test. Also, it is commonly argued that silence does not suffice as a proper response or refusal to the test.
If you are ready to build your defense, take the first step and reach out to a skilled Morristown criminal defense lawyer today. We will review the circumstances of your conviction and explore your legal options.
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Contact Graves Andrews, LLC to schedule an initial consultation with our experienced Morris County family law attorneys to learn more about our services and how we can assist you.
