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Refusing a breath test in New Jersey

On Behalf of | Mar 18, 2016 | Breath Test Refusal |

When you got your driver’s license and started driving in New Jersey, you automatically gave up your right to refuse a breath test to determine if you were driving while intoxicated. Should you decide to refuse, anyway, the police can have your blood drawn at a medical clinic in order to get your blood alcohol content percentage.

There are several penalties that can be imposed if you refuse to take a breath test. If it’s your first offense, then your license will be suspended for one to three years and you will have to pay a fine of $600 to $1,000. If it’s your second offense, you’ll have a four-year license suspension and have to pay a fine of $1,000 to $2,000. For a third offense, you could face a 20-year license suspension and you’ll have to pay a $2,000 fine.

There are limits on how an officer can get blood in order to test a person’s blood alcohol content. At The Law Offices of Anthony N. Palumbo, we understand that this is a difficult time for you. We can determine if the police officers in your case have violated your rights. Each aspect of your case will be thoroughly examined to see if the proper procedures were followed.

Even if you provide a breath or blood sample, there are still ways that we can challenge the test results and possibly get the evidence out of court. For example, some of the ways to challenge the results are if the person giving the test wasn’t qualified, you were on medication that can affect the test results, the machine was defective and more.

To learn more about blood and breath tests, please visit our page on the topics.



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