You don’t have to provide a sample of your breath to be convicted of DWI in New Jersey.
In fact, refusal to provide a sample carries its own charge, in accordance with New Jersey’s Implied Consent law.
If you are arrested for DWI but refuse to submit to testing, the prosecution can use the witness testimony of the police officer as evidence.
The results of any field sobriety tests you performed, and evidence like dashboard cameras can also be used against you.
You will also be charged with refusal, and even if the DWI charge is ultimately dropped, you can be prosecuted for refusal on its own.
The inclusion of a refusal charge can enhance the penalties you’re facing considerably.
Consult with experienced legal help when you’ve been arrested for DWI and Refusal.
Call attorney Matthew Reisig today at 732-625-9660 and speak to one of New Jersey’s most experienced DWI defense attorneys.