A law enforcement officer may pull you over for having reasonable suspicion that you are driving under the influence (DUI) of alcohol. Or, they may believe you are committing another criminal act, but they may infer that you are likely intoxicated deeper into your interaction. In either scenario, they may have a valid reason to request that you submit to a breathalyzer test. If you are faced with this instruction, please continue reading to learn the possible punishments after you refuse a breath test and how an experienced Morristown DUI defense lawyer at Graves Andrews, LLC, can help you build a solid legal argument to fight against this.
What are the potential penalties if I refuse a breath test?
While you can physically refuse to submit to a breath test during your traffic stop, you must understand that doing so may carry serious legal consequences. For one, as a licensed New Jersey driver, you should be informed on the state’s implied consent law. This law holds that, when driving in the state, you automatically agree to submit to a breath test if a law enforcement officer suspects you of driving while intoxicated.
All considered, a denial may come with charges and penalties separate from your potential, upcoming DUI. That is, you may first be charged with refusal, which means a fine of $300 to $500, a driver’s license suspension of seven to 12 months, an ignition interlock device (IID) installed in your vehicle, and mandatory attendance at a state Intoxicated Drivers Resource Center (IDRC). Then, if you are later found guilty of a first-offense DUI, you may face an additional fine of $250 to $400, a license suspension of three months, and IID in your vehicle for six to 12 months, attendance at an IDRC for 12 hours, and even jail time for up to 30 days.
Can I still be charged with a DUI without breath test results?
When you initially refuse a breath test, you may assume you are helping your future legal case since there is one less piece of evidence to be used against you. However, it may have the opposite effect. That is, the prosecution may argue that your refusal may imply your guilt. They may also have supplemental evidence to support their claim of your intoxication, such as body cam or dash cam footage from your traffic stop, the results of your field sobriety tests, and the testimony of eyewitnesses.
In addition, denying a breath test may make the prosecution less inclined to enter a plea bargain with you. In turn, you may be less likely to receive a lesser charge and penalties. This is not to mention that it may be all the more challenging to convince the Tennessee criminal court of your innocence, as violating the implied consent law makes for fewer options for credible legal defenses.
We can sympathize with how daunting this whole legal battle may be for you. Well, lucky for you, the team at Graves Andrews, LLC, has successfully gone through this countless times before. So please, retain the services of a skilled Morristown criminal defense lawyer today.