Camden Breath Test Refusal Lawyer
Aggressive DWI Legal Help in Haddon Heights, NJ
When pulled over on suspicion of DWI, law enforcement will ask you to take a breath test. In New Jersey, this requirement is based on the state's "implied consent" law. This law means that by obtaining a driver's license, drivers automatically consent to submit to a breathalyzer or chemical test if a police officer suspects them of driving under the influence. This is a condition of the privilege to drive in the state.
Before you are asked to provide breath samples, police officers must read you what is commonly called “Paragraph 36” or the “standard statement.” This document informs you that you are being asked to provide samples, what your rights are, and what fines and penalties you may be subjected to if you fail to provide the breath samples.
At Law Offices of Stephen Lukach III, we defend drivers against DWI and start by investigating every facet of the arrest. If you are charged with a refusal to take the breath test, defenses may be available that can be asserted on your behalf. Attorney Stephen Lukach is a certified Alcotest operator and highly effective in DWI defense.
Learn your options and get advice in a free initial consultation with a Camden breath test refusal attorney at Law Offices of Stephen Lukach III. Reach us online or call (856) 481-8205 for assistance.
Breath Test Refusal in Camden DWI Cases
If you were asked to submit a breath sample and failed to do so, you may be charged with refusal. This is a separate charge from the DWI offense and carries potentially more severe penalties than DWI.
The consequences of a refusal can include:
- Fines: You may face fines ranging from $300 to $1,000.
- License suspension: Your driver's license can be suspended for up to 24 months.
- Ignition interlock device: You may be required to install this device during your license suspension and after your license restoration for nine to fifteen months for a first offense and two to four years for a second or third offense.
- Surcharges: A surcharge of $1,000 per year for three years.
- Mandatory programs: You might be required to attend alcohol education or intervention programs.
These are separate from any penalties you might face if you are convicted of a DWI.
Legal Defenses to a Breath Test Refusal in New Jersey
The following defenses can apply in a refusal:
- Miscommunication: A misunderstanding or miscommunication about your willingness to take the test occurred. This can also include failing to understand the police officer’s request because the statement was not read in your language.
- Medical condition: You had a medical inability to provide a breath sample, such as asthma or chronic obstructive pulmonary disease (COPD), making it difficult to blow into the machine for the requisite amount of time.
- First-time arrest: Since you had no experience with this procedure, you failed to respond adequately, and the officer simply charged you with a refusal.
Additionally, it may be appropriate to argue that the officer had no justified reason to stop your vehicle or request a breath test; this is known as lack of probable cause. Probable cause is required for a DWI traffic stop in New Jersey.
Law enforcement officers must have a reasonable suspicion that a driver is under the influence before they can legally stop the vehicle and conduct further investigations, such as administering field sobriety tests or requesting a breath test. This ensures that the stop is justified and not arbitrary.
Dedication, Integrity, Results Our Commitment to Defending Your Rights
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Client-Centered ApproachWe prioritize our clients, taking time to listen and tailor our defense strategies to meet your unique needs. From start to finish, we’re here to guide and support you.
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DWI Defense You Can TrustWith years of focused experience in DWI cases, we know the strategies that work. Count on our team to provide knowledgeable guidance and a strong defense.
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Offering 100% Free ConsultsWe offer complimentary consultations to help you understand your options without any pressure. Let’s discuss your case and the path forward—at no cost to you.
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Available Nights & WeekendsNo matter the time, our team is ready to support you around the clock. Whether you need immediate assistance or have urgent questions, we’re just a call away.
DWI Defense Assistance in Camden
Whatever the reason for a breath test refusal, our experienced attorney can help. Because he is certified in breath testing, Mr. Lukach fully understands this aspect of DWI traffic stops and arrests.
He can investigate and determine what may have gone wrong during your DWI incident and how to optimally defend you against a refusal charge. He has resolved thousands of cases in his decades of practice.
Contact Law Offices of Stephen Lukach III at (856) 481-8205 to consult our Camden breath test refusal attorney today.
Breath Testing Facts
If you were arrested for DWI in New Jersey, you were most likely asked to give samples of your breath for chemical testing. You would have done this by blowing into a machine called the Alcotest 7110. Below are some facts to be aware of. Have questions? Call (856) 481-8205 today!
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Experienced Defense is a NecessityYou will need an experienced attorney who has been trained and certified as an Alcotest operator and who knows the proper procedures that need to be followed. This attorney will also be familiar with the documents and repair records that the State is required to turn over. With this knowledge and training as a driving while impaired attorney, Stephen Lukach III will be able to determine what mistakes or omissions were made during your test and know how best to use this information to fight your case. Contact us now to get the defense that you deserve!
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State Must Provide Documents and Data
To establish that the machine is in proper working order, the State must provide defense attorneys with documents showing that the machine has been calibrated, the solutions were changed, and provide several other documents evidencing the workability of the machine. In addition, the State must turn over service and repair records to show that the machine was fixed properly before being returned to the police station for breath testing. If these documents are not turned over, the State will be barred from using the breath test reading against you at trial.
And the State is required to follow the proper procedure when obtaining breath samples. The State must prove that a police officer observed you for 20 minutes immediately prior to the breath testing and that the officer changed out the plastic mouthpieces before each breath sample. In addition, there are other procedural safeguards that must be followed before a breath test reading is admissible.
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Failing a Test is Not A Guilty Verdict
The vast majority of people believe they are guilty because they blew into a tube and a number came up on a machine. Nothing can be further from the truth. For a breath test reading to come into evidence:
- The State must establish that the police officer who tested you is certified to operate the Alcotest machine;
- The State must establish that the machine was in proper working order; and,
- The State must show that the proper procedure was followed when obtaining breath samples.
This may seem simple, but it is far more involved than most people think. To show that the officer was certified to operate the machine, the State must produce his Operator Certification card. These cards do expire, and it is up to the office to get re-certified and not let it lapse. If the State can’t provide a current certification card for an operator, the Judge never gets to see the breath test reading.