Can You Refuse a Breath Test in New Jersey? What You Need to Know…. And How We Can Help

If you’re pulled over in New Jersey and suspected of driving while intoxicated (DWI), one of the first things police may ask you to do is take a breath test. This test measures your blood alcohol concentration (BAC) and is used as evidence in a DWI case. But many drivers wonder: Can I legally refuse a breath test in New Jersey?

The short answer is yes—you can refuse. But that refusal comes with serious consequences.

New Jersey’s Implied Consent Law

New Jersey operates under what’s called an implied consent law. This means that by holding a New Jersey driver’s license and operating a vehicle on public roads, you’ve automatically agreed to submit to chemical testing (including breath, blood, or urine tests) if a police officer has probable cause to believe you’re under the influence.

Refusing the test isn’t a criminal offense, but it’s treated as a separate motor vehicle violation, and the penalties can be severe—even if you’re not ultimately convicted of DWI.

What Happens If You Refuse a Breath Test?

Refusing a breath test in New Jersey triggers automatic penalties under state law. These include:

• License suspension: For a first offense, you could lose your license for up to one year. Second and third offenses lead to longer suspensions—up to eight years.
• Fines and surcharges: Refusal can result in fines ranging from $300 to over $1,000, along with annual surcharges to keep your license.
• Ignition interlock device: Even without a DWI conviction, a refusal often requires installation of an ignition interlock device in your vehicle.
• Use of refusal as evidence: Your refusal can be used in court as evidence that you were aware of potential intoxication.

Simply put, refusing may seem like a way to avoid a DWI charge, but it often makes your legal situation worse. That’s why it’s crucial to have a skilled DWI defense attorney on your side if you’re facing refusal charges.

How a DWI Attorney Can Help

A DWI case involving a breath test refusal can be complex. The police officer must follow specific steps, including clearly informing you of the consequences of refusing the test. If any part of that procedure is mishandled, your attorney may be able to challenge the refusal.

An experienced lawyer can review whether:

• The traffic stop was lawful
• Probable cause existed for the arrest
• Proper warnings were given before the test
• The equipment was functioning and correctly maintained

In many cases, strong legal defense strategies can lead to reduced penalties—or even dismissed charges.

Why Choose Reisig Criminal Defense & DWI Law?

For nearly 30 years, Reisig Criminal Defense & DWI Law has been helping drivers across New Jersey fight DWI charges, including breath test refusal cases. The firm is led by attorney Matthew Reisig, who has built strong working relationships with prosecutors and judges in courtrooms across the state.

This familiarity with the local legal landscape gives Reisig an edge when building defense strategies. He understands how each county handles DWI and refusal cases and uses that knowledge to negotiate favorable outcomes for his clients.

Whether you’re facing your first offense or you’ve had prior DWI issues, Reisig Criminal Defense knows how to challenge the state’s evidence and protect your rights.

A Trusted Name in New Jersey DWI Defense

Reisig Criminal Defense & DWI Law is known for personalized service, aggressive defense, and a long track record of success. From the moment you contact the firm, you’ll receive straightforward answers, professional legal guidance, and a clear plan to defend your case.

The firm offers:

• Thorough case evaluations
• Defense for first-time and repeat offenders
• Breath test and refusal defense strategies
• Representation throughout every step of the court process

If you’re researching “Can I refuse a breath test in New Jersey?”, you’re likely facing a stressful situation. You don’t have to navigate it alone. With nearly three decades of DWI defense experience, Reisig Criminal Defense is a name you can trust.

Take Action Today

Time is critical after a breath test refusal. Evidence can disappear, court deadlines approach quickly, and penalties increase if you don’t act. If you’ve been arrested for DWI or breath test refusal in New Jersey, contact Reisig Criminal Defense & DWI Law immediately.

Schedule a free consultation and speak with a defense attorney who understands New Jersey’s DWI laws inside and out. Protect your license, your record, and your future—call today and get the legal support you deserve.

More Information & Strategies Regarding DWI Breath Test Refusals

• What is Implied Consent in New Jersey DUI/DWI law?
• How Can I Be Convicted Of DWI If I Refuse To Consent To A Breathalyzer Test In New Jersey?
• Are There Defenses For Refusal In New Jersey DWI/Refusal Cases?
• Can I Fight A Refusal Charge In New Jersey If I Was Having An Asthma Attack?
• If I have a past refusal conviction, can I be charged with DWI as a second offender in New Jersey?
• Is There Jail Time On A Third DWI Refusal In New Jersey?
• Is There Jail Time On A Second DWI Refusal In New Jersey?
• In New Jersey, Can Breath Test Results Be Challenged?
• If I Refuse a Breath Test In New Jersey, What Happens To Me?
• Don’t I Have A Fifth Amendment Right To Refuse Breath Testing In NJ?