Breath Test Refusal

If you are not a U.S. citizen and were arrested in New Jersey for DWI and breath test refusal, it’s completely normal to worry about how this could affect your immigration status. For many people, the fear goes beyond fines or license suspension—it’s about visas, green cards, future travel, or even deportation.

The good news is that a breath test refusal in New Jersey does not automatically ruin your immigration status. However, the situation is not always simple. Immigration consequences depend on several factors, including your current status, your history, and how the case is handled in court.

This guide explains how breath test refusal works in NJ, how immigration law looks at DWI-related cases, and why having an experienced attorney—like Reisig Criminal Defense & DWI Law—can be critical when immigration concerns are involved.

Understanding Breath Test Refusal in New Jersey

New Jersey treats breath test refusal as a separate motor vehicle offense, not a traditional crime. When police believe you were driving while intoxicated, they are required to read an implied consent warning. If they claim you refused to provide a breath sample, you can be charged with refusal—even if no breath test result exists.

Penalties may include:

• License suspension
• Fines and court costs
• Mandatory alcohol education programs
• Ignition interlock requirements

While these penalties are serious, refusal is not classified as a criminal conviction under NJ law.

Is Breath Test Refusal a Crime for Immigration Purposes?

This is one of the most important questions for non-citizens.

In most cases, a New Jersey breath test refusal is not considered a crime involving moral turpitude (CIMT) and is not an aggravated felony under federal immigration law. That means a refusal charge alone typically does not trigger automatic deportation.

However, immigration authorities look beyond labels. They examine the facts of the case, your overall record, and whether other charges are involved.

When Immigration Risks May Increase

While refusal alone is usually not enough to cause immigration problems, certain situations raise red flags.

Multiple DWI or Refusal Cases

Repeat alcohol-related offenses may cause immigration officials to question good moral character, which can affect applications for green cards, naturalization, or visa renewals.

Combined DWI Conviction

If a refusal charge is paired with a DWI conviction, immigration risks may increase—especially if there are aggravating factors like accidents, injuries, or prior offenses.

Driving on a Suspended License

This can be treated more seriously and may impact discretionary immigration decisions.

Pending Immigration Applications

If you are applying for adjustment of status, citizenship, or relief from removal, even non-criminal offenses can still matter.

Can a Breath Test Refusal Affect Green Card or Visa Applications?

Yes—indirectly.

Even when an offense is not deportable, immigration officers have discretion. They may consider:

• Alcohol-related driving history
• Compliance with court orders
• Completion of required programs
• Overall pattern of behavior

A refusal charge can raise questions, but how the case is resolved matters greatly.

Why Proper Defense Is Critical When Immigration Is at Stake

Many people make the mistake of quickly pleading guilty just to “get it over with.” For non-citizens, this can be dangerous. The wrong plea or court outcome can create long-term problems with immigration—even years later.

A knowledgeable attorney can:

• Examine whether the stop and arrest were lawful
• Challenge improper refusal procedures
• Review whether implied consent warnings were read correctly
• Work to reduce or dismiss charges when possible
• Coordinate strategy with immigration counsel if needed

Common Defenses That Can Protect Immigration Status

In refusal cases, defenses often focus on:

• Lack of probable cause for the stop or arrest
• Improper or rushed implied consent warnings
• Ambiguous responses that were not true refusals
• Medical or language barriers
• Missing or inconsistent police evidence

When charges are dismissed or reduced, immigration risks are often minimized.

Why Experience Matters: Reisig Criminal Defense & DWI Law

When immigration status is on the line, experience matters more than ever. For nearly 30 years, Reisig Criminal Defense & DWI Law has been one of the most trusted and successful DWI defense firms in New Jersey.

The firm is known for:

• Deep knowledge of NJ DWI and refusal law
• Careful handling of cases involving non-citizens
• Identifying defenses that protect both driving and immigration rights
• Understanding how municipal court outcomes can affect federal immigration decisions

They know that one mistake in a refusal case can follow you for years.

What Should You Do After a Breath Test Refusal Arrest?

If you are not a U.S. citizen and were charged with refusal in New Jersey:

1. Do not plead guilty without legal advice
2. Document everything you remember about the stop and arrest
3. Act quickly to preserve video and evidence
4. Work with a DWI attorney experienced in immigration-sensitive cases

Early action can make a significant difference.

Protect Your Future, Not Just Your License

A DWI breath test refusal in New Jersey does not automatically destroy your immigration status, but it should never be taken lightly. The outcome depends on the facts, the legal strategy, and the attorney handling your case.

With nearly three decades of experience, Reisig Criminal Defense & DWI Law has helped countless clients navigate refusal charges while protecting what matters most—their future in the United States.

If your immigration status is a concern, get experienced guidance before making any decisions.

If you were arrested in New Jersey for DWI and Breath Test Refusal, you may be wondering whether a plea deal is possible—and what kind of outcome you can realistically expect. This is one of the most common questions people ask after a refusal arrest, and for good reason. A refusal charge carries serious penalties, including license suspension, fines, and mandatory programs.

The short answer is sometimes, but plea deals in refusal cases are very different from plea deals in most criminal cases. New Jersey treats breath test refusal as a serious motor vehicle offense, and that limits what prosecutors can offer. Still, with the right defense strategy and an experienced attorney, there may be opportunities to reduce the impact of the charge—or even have it dismissed.

This guide explains how plea deals work in NJ refusal cases, what outcomes are realistic, and why working with a trusted law firm like Reisig Criminal Defense & DWI Law can make a meaningful difference.

Understanding Breath Test Refusal in New Jersey

New Jersey has one of the strictest implied consent laws in the country. By driving on NJ roads, you are considered to have agreed to provide a breath sample if police have probable cause to believe you were driving while intoxicated.

A refusal charge usually means the officer claims you:

• Said “no” to the breath test
• Failed to provide an adequate breath sample
• Delayed or obstructed the test
• Did not clearly agree after warnings were read

Refusal penalties often include:

• Loss of driving privileges
• Fines and court costs
• Mandatory alcohol education programs
• Ignition interlock requirements

Because these penalties are set by statute, plea bargaining is more limited than many people expect.

Are Plea Deals Allowed in NJ Refusal Cases?

Yes—but with important limitations.

Unlike many criminal charges, refusal cases are handled in municipal court and are governed by strict rules. Prosecutors generally cannot simply dismiss or downgrade a refusal charge without a legal reason. This means there is no automatic “deal” just for pleading guilty.

However, plea negotiations may still happen when there are legal or factual weaknesses in the case.

When Plea Deals Are More Likely

Plea deals are more realistic when your attorney can show problems such as:

Lack of Probable Cause

If police did not have a valid reason to stop or arrest you, the refusal charge may not stand.

Improper Implied Consent Warnings

Officers must read the NJ standard statement correctly and completely. Errors, confusion, or rushing through the warnings can open the door to negotiation.

Ambiguous or Conditional Refusal

Statements like “I want a lawyer” or “I’m not sure” are not always clear refusals. These situations may be challenged.

Problems With Evidence

Missing video, inconsistent police reports, or timing issues can weaken the State’s case.

When these issues exist, prosecutors may agree to dismiss the refusal charge or reduce related penalties.

Common Plea Outcomes in Refusal Cases

While every case is different, realistic outcomes may include:

Dismissal of the Refusal Charge

This is possible when legal requirements were not met. A dismissal avoids refusal-specific penalties.

Reduction or Amendment of Charges

In some cases, the refusal may be amended to a lesser offense or resolved alongside a related DWI charge.

Plea to a Related Offense

Sometimes the focus shifts away from refusal if the State’s evidence is weak.

Penalty Mitigation

Even if the charge stands, negotiations may reduce the length of license suspension or limit additional penalties.

It’s important to understand that not every case qualifies for a deal, and promises of “guaranteed results” should be viewed with caution.

What Outcomes Are Not Realistic?

Many people assume they can simply “plead it down” to a small ticket. In New Jersey, that is usually not realistic for refusal cases. Courts take these charges seriously, and judges closely review plea agreements.

This is why strategy matters more than quick decisions.

Why Experience Makes a Difference

Plea negotiations in refusal cases require deep knowledge of NJ DWI law, municipal court procedures, and local prosecutors. This is not an area for general practice attorneys.

Reisig Criminal Defense & DWI Law: Nearly 30 Years of Trusted Defense

For almost three decades, Reisig Criminal Defense & DWI Law has focused on defending DWI and refusal cases throughout New Jersey. The firm is known for:

• Identifying legal flaws that support dismissals
• Challenging improper refusal allegations
• Negotiating realistic, favorable outcomes
• Understanding how local courts handle refusal cases
• Protecting clients’ licenses and long-term records

Their experience allows them to spot opportunities others miss.

Should You Accept a Plea Deal Right Away?

Not necessarily. Accepting a plea without fully reviewing the evidence can lock you into penalties that might have been avoided. A proper defense starts with:

• Reviewing police reports
• Analyzing dashcam and bodycam footage
• Examining how the breath test request was handled
• Evaluating whether refusal was legally valid

Only then can you decide whether a plea offer is fair.

Take Action After a Breath Test Refusal Arrest

If you were charged with breath test refusal in New Jersey, do not assume your outcome is fixed. While plea deals are limited, defenses exist, and realistic options depend on the facts of your case.

Speak With Reisig Criminal Defense & DWI Law

With nearly 30 years of proven success, Reisig Criminal Defense & DWI Law has helped thousands of NJ drivers navigate refusal charges with clarity and confidence.

Plea deal or trial strategy—your future deserves careful planning, not guesswork.

If you were arrested in New Jersey for DWI and Breath Test Refusal, one of the most important questions to ask is whether the police actually had probable cause to stop your vehicle and arrest you in the first place. Many people assume officers can stop and arrest them whenever they want—but that is not true. The law places clear limits on police authority, and when those limits are crossed, your case may be challenged or even dismissed.

This guide explains, in clear and simple terms, how probable cause works in a New Jersey DWI breath refusal case, how it can be challenged, and why having an experienced attorney—like Reisig Criminal Defense & DWI Law—can make a critical difference.

What Is Probable Cause in a New Jersey DWI Breath Refusal Case?

Probable cause is the legal standard police must meet to stop your vehicle and later arrest you for DWI. It requires more than a hunch or suspicion. Officers must point to specific, observable facts that suggest a law has been broken.

In a breath test refusal case, probable cause is required at two key stages:

1. The traffic stop
2. The arrest for DWI and refusal

If probable cause is missing at either stage, your attorney may be able to challenge the charges.

Challenging Probable Cause for the Traffic Stop

The first step is examining why you were stopped. Police must have a lawful reason to pull you over.

Common Reasons Police Claim for DWI Stops

• Speeding or reckless driving
• Swerving or drifting between lanes
• Running a red light or stop sign
• Equipment violations (broken tail light, expired registration)
• Anonymous tips (which often require confirmation)

If the officer cannot clearly explain the reason for the stop—or if video footage contradicts the report—the stop may be unconstitutional.

Why an Illegal Stop Matters

If the traffic stop itself was unlawful, everything that follows may be suppressed, including:

• Field sobriety test observations
• Statements you made
• The breath test request
• The refusal charge

This is often called the “fruit of the poisonous tree” defense.

Challenging Probable Cause for the DWI Arrest

Even if the stop was legal, police must still establish probable cause to arrest you for DWI. This is where many cases fall apart.

What Officers Often Rely On

Police reports commonly list the same observations:

• Odor of alcohol
• Bloodshot or watery eyes
• Slurred speech
• Nervousness or confusion
• Performance on field sobriety tests

However, these observations are not automatic proof of intoxication.

Why Field Sobriety Tests Are Often Challenged

Field sobriety tests are a major part of DWI arrests, yet they are highly subjective and frequently misunderstood.

Common Problems with Field Sobriety Tests

• Poor instructions from the officer
• Uneven or unsafe testing surfaces
• Medical conditions or injuries
• Fatigue, anxiety, or poor footwear
• Weather, traffic, or lighting conditions

In many cases, officers misinterpret normal behavior as signs of intoxication. If the tests were flawed, probable cause for arrest may not exist.

Breath Test Refusal and Probable Cause Go Hand in Hand

In New Jersey, a breath test refusal charge cannot stand on its own. The State must first prove the officer had probable cause to believe you were driving while intoxicated.

If your attorney successfully challenges probable cause for the DWI arrest, the refusal charge may also fail.

The Importance of Proper Implied Consent Warnings

To charge you with refusal, police must:

• Read the standard NJ implied consent statement
• Read it accurately and completely
• Give you a clear opportunity to consent

If the officer rushed, paraphrased, confused you, or failed to clarify your rights, your refusal charge may be challenged.

How Evidence Is Used to Challenge Probable Cause

An experienced DWI attorney reviews every piece of evidence, including:

• Dashcam and bodycam video
• Police reports and arrest notes
• Radio dispatch logs
• Field sobriety test documentation
• Witness statements
• Timing of the stop and arrest

Video evidence is especially powerful. Many cases look very different on camera than they do on paper.

Why Experience Matters in DWI Breath Refusal Cases

Probable cause challenges require deep knowledge of New Jersey DWI law, municipal court procedures, and local prosecutors. This is not an area for guesswork.

Reisig Criminal Defense & DWI Law: Nearly 30 Years of Proven Results

For almost three decades, Reisig Criminal Defense & DWI Law has been one of the most respected and successful DWI defense firms in New Jersey. The firm is known for:

• Aggressively challenging unlawful stops and arrests
• Exposing weak probable cause claims
• Mastery of NJ DWI and refusal statutes
• Familiarity with prosecutors and courts statewide
• A long track record of dismissals, reductions, and favorable outcomes

Their experience allows them to identify issues other attorneys often miss.

What Happens If Probable Cause Is Successfully Challenged?

When probable cause is defeated, possible outcomes include:

• Dismissal of the DWI charge
• Dismissal of the breath test refusal charge
• Suppression of key evidence
• Reduced penalties or downgraded offenses

Every case is different, but challenging probable cause is often the foundation of a strong defense.

Take Action Quickly After a DWI Breath Refusal Arrest

Time matters in DWI and refusal cases. Evidence can disappear, videos can be overwritten, and deadlines can pass.

If you were arrested for DWI breath test refusal in New Jersey, do not assume the case is automatic or unwinnable. Many arrests lack proper probable cause—and that can change everything.

Speak With Reisig Criminal Defense & DWI Law Today

With nearly 30 years of trusted service, Reisig Criminal Defense & DWI Law has helped thousands of New Jersey drivers protect their licenses, records, and futures.

The stop. The arrest. The refusal.
Each step must follow the law—and when it doesn’t, Reisig Criminal Defense & DWI Law knows how to challenge it.

If you were arrested for DWI in New Jersey and charged with a breath test refusal, you may be feeling overwhelmed and confused—especially if you suffer from a medical condition like asthma, anxiety, GERD, or another breathing-related issue. Many people in this situation ask the same important question:

Can a medical condition be used as a defense to a breath test refusal in NJ?

The short answer is: sometimes—but it depends on the facts, the medical proof, and how your defense is presented. Below, we break this down in clear, plain language so you understand your rights, your risks, and your options.

Understanding Breath Test Refusal Charges in New Jersey

In New Jersey, drivers are subject to implied consent laws. That means if a police officer has probable cause to arrest you for DWI, you are legally required to submit to a breath test—usually the Alcotest.

If the officer believes you refused, you can be charged under N.J.S.A. 39:4-50.2, even if you were never convicted of DWI itself. A refusal conviction carries serious penalties, including:

• Mandatory license suspension
• Hefty fines and court costs
• Installation of an ignition interlock device
• Increased insurance premiums

A refusal charge is not a criminal offense, but the consequences can still disrupt your life in major ways.

What Counts as a “Refusal” in NJ?

A refusal isn’t always a clear “no.” In many cases, drivers are charged because they:

• Could not blow hard or long enough
• Stopped blowing too soon
• Gave inconsistent breath samples
• Appeared confused, panicked, or physically unable to comply

This is where medical issues may become highly relevant.

Can Asthma Be a Defense to Breath Test Refusal?

Asthma is one of the most commonly raised medical defenses in breath test refusal cases.

Asthma can limit lung capacity and make it difficult—or even dangerous—for someone to blow forcefully for the length of time required by the Alcotest. Severe asthma attacks may cause wheezing, chest tightness, coughing, or shortness of breath.

However, simply telling the officer “I have asthma” is not enough on its own.

To use asthma as part of a successful defense, an experienced NJ DWI attorney may need to show:

• A documented history of asthma
• Use of inhalers or other medications
• Medical records supporting limited lung function
• That the officer failed to properly assess or accommodate the condition

If the court believes your inability to provide a sample was physical, not willful, the refusal charge may be challenged.

Can Anxiety or Panic Attacks Explain a Refusal?

Anxiety disorders and panic attacks can also play a role in breath test refusal cases.

During a DWI arrest, many people experience extreme stress. For someone with diagnosed anxiety or panic disorder, this stress can trigger:

• Rapid breathing or hyperventilation
• Dizziness or chest pain
• Inability to focus on instructions
• Fear-induced noncompliance

Courts are often skeptical of anxiety claims unless they are backed by evidence. That’s why it’s critical to work with a law firm that knows how to properly present medical defenses.

A strong defense may include:

• Proof of diagnosis
• Prescription records
• Expert testimony if necessary
• Evidence showing confusion rather than intentional refusal

Can GERD or Other Medical Conditions Affect Breath Testing?

GERD (gastroesophageal reflux disease) and similar conditions can also complicate breath testing.

GERD can cause stomach contents or acid vapors to rise into the mouth and airway. This may interfere with the breath test process and make a driver hesitant or physically unable to complete the test as instructed.

Other conditions that may be relevant include:

• COPD or other chronic lung diseases
• Neurological disorders
• Recent surgeries affecting breathing or swallowing

Each case is fact-specific, and the success of the defense often depends on how quickly and thoroughly it is investigated.

Why Medical Defenses Are Often Challenging

New Jersey courts take breath test refusal cases seriously. Judges often expect clear and convincing evidence that the refusal was not intentional.

Medical defenses fail when:

• No documentation is provided
• The condition is exaggerated or inconsistent
• The driver previously completed breath tests without issue
• The defense is raised too late

This is why early legal representation is critical.

Why Reisig Criminal Defense & DWI Law Makes the Difference

Successfully defending a breath test refusal—especially one involving medical issues—requires deep knowledge of NJ DWI law, Alcotest procedures, and local court practices.

For nearly 30 years, Reisig Criminal Defense & DWI Law has been one of the most trusted and successful DWI defense firms in New Jersey. The firm has built its reputation on:

• Decades of focused DWI defense experience
• Familiarity with prosecutors and judges throughout NJ
• Proven strategies for challenging refusal charges
• Detailed case preparation and medical analysis

Reisig Criminal Defense & DWI Law understands how to evaluate whether a medical condition can be used effectively—and just as importantly, when it cannot. That honesty helps clients make informed decisions from day one.

What You Should Do If You Were Charged With Refusal

If you believe a medical issue played a role in your breath test refusal:

1. Do not assume the court will understand your condition automatically
2. Gather medical records immediately
3. Avoid discussing your case without legal counsel
4. Speak with a NJ DWI attorney who handles refusal cases regularly

The earlier an attorney gets involved, the more options you may have.

Final Thoughts

Medical issues like asthma, anxiety, or GERD can be relevant in a New Jersey breath test refusal case—but they are not automatic defenses. These cases are complex, technical, and highly dependent on proper legal presentation.

If you are facing a refusal charge, working with an experienced firm like Reisig Criminal Defense & DWI Law can give you the best chance to protect your license, your record, and your future.

A single mistake should not define what happens next. The right defense can make all the difference.

Understanding How a Breath Test Refusal Can Impact Your NJ DWI Case

Facing a DWI Breath Test Refusal charge in New Jersey is intimidating. Many people believe that if they refuse to take the breath test, the police will not have evidence for a DWI conviction. But New Jersey’s refusal laws are strict, and refusing can actually be used as evidence against you. If you were recently arrested and you’re unsure how your refusal will affect your case, you’re not alone. Thousands of drivers each year face this same confusing situation.

For nearly 30 years, Reisig Criminal Defense & DWI Law has helped people across New Jersey fight DWI and refusal charges. The firm has built a strong reputation for courtroom skill, deep knowledge of New Jersey DWI laws, and a long record of successful results. Understanding what the law says about refusal evidence is the first step in building a defense.

What New Jersey Law Says About Breath Test Refusal

New Jersey is an implied consent state. This means that the moment you drive on NJ roadways, you are considered to have agreed to submit to a breath test if an officer has probable cause to arrest you for DWI. If you refuse, even politely, the officer can charge you under the state’s refusal statute.

However, the part many people don’t realize is this:

Yes — police can use your refusal as evidence at trial.

Under NJSA 39:4-50.2 and related case law, prosecutors are allowed to argue that your refusal shows consciousness of guilt—meaning the jury or judge may view your refusal as a sign that you believed you would fail the breath test. While this doesn’t automatically mean you’ll be convicted, it does mean your refusal becomes a major issue in court.

How Police Use a Refusal Against You

Prosecutors may use refusal evidence in several ways:

1. Suggesting You Knew You Were Intoxicated

They may claim that refusing the test shows you suspected your BAC would be above the legal limit.

2. Supporting Officer Observations

If the officer noted slurred speech, bloodshot eyes, unsteady balance, or an odor of alcohol, the refusal can be used to strengthen those observations.

3. Explaining Why No BAC Result Exists

The state can argue that the lack of a breath test result is directly due to your actions, not because police failed to gather evidence.

4. Matching Your Behavior With Other Signs of Impairment

Prosecutors often combine refusal evidence with driving behavior, such as swerving, speeding, or failing field sobriety tests.

Even though refusal evidence can be powerful, it does not guarantee a conviction. A skilled defense attorney can challenge how the officer explained implied consent, how the arrest was handled, and whether the refusal was actually a true refusal.

What Counts as a “Refusal” in New Jersey?

Many drivers think refusal means clearly saying “no.” But the law is broader than that.

You may be charged with refusal if you:

• Stay silent
• Ask repeated questions instead of complying
• Blow too softly into the machine
• Delay giving an answer
• Give half-hearted attempts that don’t produce a reading
• Say “yes” but fail to follow through

New Jersey courts call this “conditional or ambiguous refusal.” The officer does not have to guess your intentions—anything short of full cooperation may count as a refusal.

When Refusal Evidence Cannot Be Used

There are several situations where an attorney may prevent refusal evidence from being used at trial:

1. The Officer Did Not Provide Proper Implied Consent Warnings

Police must read a specific script explaining your rights and the consequences of refusing. If they make mistakes, the refusal charge may be challenged.

2. You Have a Medical Condition

Certain medical issues—like asthma, lung disorders, or anxiety-related breathing problems—can make giving a proper breath sample difficult. These situations require expert review.

3. The Arrest Itself Was Unlawful

If the stop or arrest lacked probable cause, prosecutors may not be allowed to use anything that happened afterward—including the refusal.

4. There Was Equipment Failure

If the breath testing machine malfunctioned or officers failed to follow procedure, refusal evidence may be weakened.

A knowledgeable attorney will investigate each of these areas to protect you.

Penalties for Breath Test Refusal in New Jersey

Refusal carries serious consequences, including:

• Mandatory license suspension
• Thousands of dollars in fines and surcharges
• Ignition interlock requirements
• Possible jail in certain situations
• Higher insurance premiums

Worse, these penalties apply even if you are not convicted of DWI. That is why handling the refusal evidence correctly is essential.

How Reisig Criminal Defense & DWI Law Builds a Strong Defense

For nearly three decades, Reisig Criminal Defense & DWI Law has been one of New Jersey’s most trusted DWI defense firms. Their team has defended clients in municipal courts across the entire state and is highly familiar with local judges and prosecutors—an advantage that often leads to better results.

Their defense strategy may include:

• Challenging whether the refusal was valid
• Analyzing video footage from bodycams and dashcams
• Reviewing police procedures step-by-step
• Examining field sobriety test accuracy
• Investigating whether implied consent warnings were read correctly
• Identifying constitutional or procedural errors
• Presenting medical or technical defenses
• Negotiating for reduced penalties or dismissal

The firm’s long history of success gives clients confidence during one of the most stressful times of their lives.

Why Choosing the Right Lawyer Matters

New Jersey refusal cases are complex. Many drivers don’t realize that a refusal can sometimes be harder to fight than a DWI itself. The legal arguments are technical, the consequences are steep, and police often rely heavily on refusal evidence to strengthen their case.

Having an experienced, focused DWI defense lawyer can make the difference between:

• A suspended license vs. driving freedom
• Thousands in fines vs. manageable penalties
• A conviction vs. a successful defense

With nearly 30 years of results, Reisig Criminal Defense & DWI Law is the firm many New Jersey residents trust when everything is on the line.

Arrested for a Breath Test Refusal? Get Help Today

If you’re asking, “Can police use my refusal as evidence against me at trial in New Jersey?”, the answer is yes—but an experienced attorney can challenge how that evidence is used.

You don’t have to face this alone.
For dedicated, proven legal defense, contact Reisig Criminal Defense & DWI Law today for a free consultation.

Being arrested for a DWI Breath Test Refusal in New Jersey brings a flood of questions and concerns. One of the biggest worries people have is how a refusal charge will affect their car insurance rates. Unfortunately, a refusal has serious financial consequences, and insurance increases are often one of the most expensive parts of the entire situation.

If you’re facing a refusal charge, it’s important to understand exactly what can happen to your insurance, how long the impact lasts, and—most importantly—what you can do to protect yourself. With nearly 30 years of experience, Reisig Criminal Defense & DWI Law has helped thousands of people across New Jersey fight refusal charges and avoid major financial damage.

This guide breaks down everything you need to know.

How Insurance Companies View a Breath Test Refusal in New Jersey

In New Jersey, insurance companies treat a breath test refusal the same way they treat a DWI conviction—as a major, high-risk violation. Even if you are not convicted of DWI, a refusal charge alone shows up on your driving record and tells your insurance company that you refused to provide a breath sample during a DWI investigation.

To most insurers, this suggests:

• Higher risk of accidents
• Higher risk of future violations
• Higher likelihood of claims

Because of this, your insurance premiums will almost always increase after a refusal conviction, sometimes dramatically.

How Much Will My Car Insurance Go Up?

Every insurance company calculates rates differently, but a breath test refusal commonly leads to increases such as:

• 35%–75% premium increase for the first year
• Potential doubling of your insurance bill
• Loss of “safe driver” or discount programs
• Forced placement into the NJ “high-risk” insurance market

In some cases, the insurance company may decide not to renew your policy at all, forcing you to find a new policy at a much higher rate.

These financial consequences are one of the main reasons people turn to Reisig Criminal Defense & DWI Law. An experienced attorney may be able to challenge the refusal charge, reduce it, or even get it dismissed—protecting you from years of inflated costs.

How Long Will a Breath Test Refusal Affect My Insurance Rates?

In New Jersey, a refusal conviction usually affects your car insurance for:

3 to 5 years

During this period, you will likely pay higher premiums, surcharges, and additional fees. Some insurance companies continue to treat DWI-related violations as “high risk” for up to 7 years, depending on their internal policies.

Why the impact lasts so long:

• Violations stay on your NJ Motor Vehicle Commission (MVC) record
• Insurance companies review your driving history each renewal cycle
• Refusal violations are flagged as “major” offenses
• Risk rating systems increase costs for multiple years

Even after the suspension period is over, the insurance impact continues until enough time has passed without additional violations.

Does a Refusal Always Increase Insurance Rates?

Most of the time, yes—but not always permanently.

Your insurance rates may not increase if:

• Your refusal charge is dismissed
• Your attorney reduces the charge to a lesser offense
• Your insurance company does not discover the violation (rare, but possible)
• You switch to an insurer with a different risk rating system

The key point is this:
Insurance increases are not automatic. They depend heavily on the outcome of your case.
That is one of the many reasons hiring a strong, experienced attorney matters.

How Reisig Criminal Defense & DWI Law Helps Protect Your Insurance Rates

Reisig Criminal Defense & DWI Law has been defending people charged with DWI and breath test refusal in New Jersey for almost 30 years. The firm understands the local courts, the MVC, and the specific procedures officers must follow during refusal cases.

Their goal is simple: avoid or reduce the penalties so you don’t suffer years of inflated insurance premiums.

They do this by:

✔ Challenging the refusal procedure

Officers must follow specific steps, including reading the correct warnings. Any deviation can weaken the state’s case.

✔ Identifying unclear instructions

If the officer caused confusion, that may be a valid defense.

✔ Reviewing medical or language issues

Breath test refusal is not always intentional—and the law recognizes that.

✔ Questioning the legality of the traffic stop

If the stop was improper, the entire case may be dismissed.

✔ Negotiating to reduce the charge

Lower charges often prevent insurance spikes.

Over nearly three decades, the firm has become one of New Jersey’s most trusted and successful DWI defense practices because of their track record of real results.

Other Financial Consequences of a Refusal (Beyond Insurance)

A refusal conviction also includes:

• License suspension
• MVC surcharges
• Court fines
• Possible ignition interlock requirements
• Mandatory classes and fees

Together with higher insurance rates, the total cost of a refusal can be thousands of dollars—another reason strong legal defense is essential.

How to Protect Yourself After a Breath Test Refusal Arrest

If you’ve been arrested for a refusal in New Jersey, the steps you take now can dramatically affect your future.

1. Do not assume the case cannot be fought

Refusal charges are highly defendable when handled properly.

2. Do not wait to speak with an attorney

Early intervention gives your lawyer the chance to identify errors and build your defense.

3. Work with a law firm experienced in DWI and refusal cases

Refusal law is complex. You want a lawyer who handles these cases every day.

Reisig Criminal Defense & DWI Law has nearly 30 years of experience fighting for clients just like you and has earned a reputation as one of New Jersey’s top DWI defense firms.

Call Reisig Criminal Defense & DWI Law Today

A breath test refusal can affect your insurance rates for years—but with skilled legal defense, you may be able to avoid the worst outcomes.

Call Reisig Criminal Defense & DWI Law for a free consultation.
With decades of experience and thousands of successful cases, they are ready to protect your license, your finances, and your future.