Edison Township Breath Test Refusal Attorney
The truth is that you need to prepare a potent defense if you want to avoid the consequences of refusing to take a breath test. As one of the biggest players when it comes to DWI related offenses in Middlesex County, the Edison Police Department certainly knows what is entailed in terms of consent to providing a breath sample. You can therefore expect exposure to mandatory license suspension and other penalties if you refuse to provide a breath test following a drunk driving arrest. You absolutely must consult an attorney who is willing to effectively challenge this offense if you want to have any hope of maintaining your driving privileges.
This is where our firm can help you immensely. With a team of DWI/DUI lawyers that includes several former prosecutors and a team with several decades of experience appearing in Edison Municipal Court, we are certainly well equipped to challenge the refusal summonses and driving while intoxicated violation you are facing. Please do not make the mistake of thinking that there is nothing that can be done for you. Call us today to see what we can do for you on your refusal DWI charge.
Charged With Refusing a Breath Test in Edison Township
The NJ Refusal statute is set forth at N.J.S.A. 39:4-50.4. There is no requirement that the prosecutor firmly establish that you were intoxicated to support this charge but rather that there was some reasonable basis for believing that you might be. For specifically, there are five elements that the prosecutor will have to establish in order to convict you of an Edison refusal including:
- Operation by the accused;
- A reasonable basis for believing that he/she was intoxicated;
- An arrest on suspicion of DWI;
- Refusal to submit to a breathalyzer test; and
- The attempt to conduct the breath test was conducted in conformity with State Guidelines.
It is crucial to keep in mind that these elements need not be proven beyond reasonable doubt as the New Jersey Consent Law limits the burden of proof to a preponderance of the evidence.
Penalties For Refusing An Edison Breath Test
Given the common knowledge possessed by motorist about the penalties they can facing if they provide a breath sample that reveals a BAC of .08% or more, the thought is often that there is an incentive to refusing a breath test. This is rarely the case as New Jersey has set up sentencing and penalties that are largely the same for both DWI and Refusal. For example, the suspension period is a mandatory 7 months, 2 years and 10 years for a first, second and third offense for refusing to take a breath test. The economics of a conviction also mirror those for driving while intoxicated, including the fine and annual surcharge. About the only substantial difference involves the jail sentence that may be imposed in that there is not any for a refusal, even a third, yet the possibility for one for a first, second and third DWI conviction.
Breath Sample Refusal Lawyers in Edison NJ
Our team of experienced DWI defense attorneys and former prosecutors can ensure that you have the best opportunity for avoiding a negative outcome on your Edison refusal offense. In fact, we are probably successful in refusing to take a breath test cases much more than you think. To discuss the facts of your case and what our lawyers believe they can do to help you, call our firm for an immediate consultation.