Breath Test Refusal

Absolutely—And Challenging The Breath Test Could Be the Key to Your Defense

If you’ve been arrested for Driving While Intoxicated (DWI) in New Jersey, one of the most intimidating pieces of evidence the police may use against you is the result of a breath test. But here’s the truth most people don’t realize right away: breath test results are not always accurate, and they can be challenged. In fact, challenging the breath test is often one of the most effective strategies in defending against a DWI charge.

In New Jersey, the Alcotest device is the primary tool used by law enforcement to measure blood alcohol concentration (BAC) through your breath. While it may seem like solid science, the reality is much more complicated. The Alcotest has a long history of legal scrutiny and technical issues. It’s a machine, and like any machine, it must be properly maintained, regularly calibrated, and used exactly according to protocol. If anything in that process goes wrong, the results may be inaccurate—and inadmissible in court.

The law in New Jersey requires strict compliance with procedures when administering breath tests. Police officers must be trained and certified. The device itself must be calibrated using approved methods and documented properly. Even the timing and environment of the test can affect results. If these requirements aren’t met, your attorney can file motions to suppress the breath test evidence altogether. In many cases, that can lead to reduced charges—or even dismissal of the case.

This is where Reisig Criminal Defense & DWI Law comes in.

Led by Matthew Reisig, a recognized leader in DWI defense, the firm has been one of the most trusted names in New Jersey criminal law for nearly 30 years. Matthew Reisig has successfully defended thousands of DWI cases throughout the state and has a proven track record of challenging breath test results with precision and expertise.

What sets Reisig apart? He’s not just experienced—he’s been at the forefront of DWI defense in New Jersey for decades. He’s even argued about the flaws of the Alcotest device before the New Jersey Supreme Court. That kind of experience matters when your license, your job, and your freedom are on the line.

Reisig Criminal Defense & DWI Law has built its reputation on results, not just promises. The firm has helped countless clients avoid jail time, retain their licenses, and keep their records clean. Clients choose Reisig because they know they’re getting a skilled legal team that won’t back down and knows how to spot every flaw in the state’s case.

If you’re facing a DWI charge in New Jersey, don’t assume the breath test seals your fate. There’s hope—and there are legal options. But acting fast is crucial. Every DWI case is different, and the sooner you have an experienced attorney investigating your situation, the stronger your defense will be.

Let a top-rated DWI lawyer fight for your rights and your future. Call Reisig Criminal Defense & DWI Law today at 732-625-9660 for a free consultation.

Refusal to submit to chemical testing when police suspect DWI carries many of the same penalties as the DWI itself.

By carrying a driver’s license, or just operating a motor vehicle on a public roadway, the state of New Jersey presumes that you give consent for the testing of blood, breath, or urine when you are suspected of operating a vehicle while intoxicated.

Being convicted of refusal the first time can cost you big. First, the state can rescind your driving privileges for a period of seven months to up to two years.

You’ll be required to attend the Intoxicated Driver Resource Program (IDRC) at a cost of $230 a day.

Fines will run from $300 to as much as $1000, and various other fees and surcharges apply.

Call Matthew Reisig today at 732-625-9660 to talk to one of New Jersey’s most experienced DWI and Refusal attorneys.

When you’re pulled over for suspected drunk driving in New Jersey, one of the first questions that may cross your mind is whether you can legally refuse to take a breath test. After all, the Fifth Amendment protects you from self-incrimination—so doesn’t that mean you can decline to provide evidence against yourself?

The short answer is not exactly. While the Constitution protects your right to remain silent and refuse to answer questions, refusing a breath test falls under a very different set of rules in New Jersey.

Your Constitutional Right vs. New Jersey’s Implied Consent Law

Yes, the Fifth Amendment grants every citizen the right to avoid self-incrimination. You can refuse to answer questions without an attorney present, and police cannot physically force you to provide breath, blood, or urine samples. That principle applies to every criminal investigation—including DWI cases.

However, when you accepted your New Jersey driver’s license, you also accepted what’s known as “implied consent.” This means that by driving on public roads, you’ve already agreed to submit to chemical testing (breath, blood, or urine) if an officer lawfully arrests you for suspected intoxication.

So while you technically have the right to refuse, exercising that right comes with steep consequences.

Refusing a Breath Test Carries Serious Penalties

Under New Jersey law, a Refusal charge is treated almost as seriously as a DWI itself. Police can issue a separate citation for refusal, which can lead to:

• License suspension — from seven months to several years, depending on prior offenses.
• Hefty fines and surcharges — often totaling over $1,000.
• Ignition interlock device requirements — mandatory installation on your vehicle, even after your license is restored.
• Insurance rate increases — making driving significantly more expensive long-term.

Even worse, you can still be convicted of DWI even if you refused testing. Prosecutors often argue that refusal indicates “consciousness of guilt,” suggesting you refused because you knew you were intoxicated. Without the test results, they can still rely on officer observations—such as slurred speech, unsteady balance, or the odor of alcohol—to prove impairment.

Why Refusal Doesn’t Protect You

While it might seem like refusing a breath test protects you from a DWI conviction, it usually doesn’t. New Jersey courts have consistently ruled that a driver’s license is not a constitutional right—it’s a privilege regulated by the state. Because of this, the state can impose conditions, including the requirement to comply with breath testing.

In other words, by refusing, you’re not exercising a constitutional right—you’re violating the terms of the license you agreed to when you began driving.

And unlike some other states, New Jersey does not allow plea bargaining in DWI or Refusal cases. That means once you’re charged, the only way to improve your outcome is through an experienced legal defense that challenges the facts, the procedures, or the officer’s conduct.

How a Skilled DWI Defense Attorney Can Help

When facing both DWI and Refusal charges, it’s easy to feel like you have no options—but that’s not true. A knowledgeable defense attorney can evaluate every detail of your arrest to identify weaknesses in the state’s case.

At Reisig Criminal Defense & DWI Law, attorney Matthew Reisig has spent nearly 30 years defending clients across New Jersey against DWI and Refusal charges. His firm is recognized as one of the state’s most experienced and successful legal practices in this field.

A strong defense might involve:

• Examining the traffic stop – Was there a lawful reason for the stop?
• Reviewing the arrest process – Did officers properly read the implied consent warning?
• Challenging procedural errors – Were Alcotest devices properly calibrated? Was the operator certified?
• Arguing medical or environmental factors – Certain health conditions or substances can mimic signs of intoxication.

Every case is different, but with the right strategy, your attorney can often reduce or even dismiss the charges.

Understanding the Stakes of a Refusal Charge

A DWI or Refusal conviction can have lasting effects. Beyond fines and license suspensions, it can impact your employment, professional licenses, and even future travel. Employers often view a DWI as a serious lapse in judgment, and repeated offenses can carry jail time.

This is why having a skilled defense lawyer is so crucial. Reisig Criminal Defense & DWI Law focuses exclusively on these complex cases, bringing decades of experience in municipal courts across the state. Their deep familiarity with prosecutors, police procedures, and court systems helps clients navigate a process that can otherwise feel overwhelming.

Why Choose Reisig Criminal Defense & DWI Law

For almost three decades, Matthew Reisig has built a reputation for professionalism, precision, and proven results. His firm has defended thousands of clients throughout New Jersey, protecting their rights and helping them move forward after a DWI arrest.

What sets Reisig Criminal Defense apart?

• Focused DWI practice – Nearly all their work centers on DWI and Refusal defense.
• Extensive courtroom experience – Familiarity with local judges and prosecutors across NJ.
• Transparent communication – Clients receive honest guidance about their options and potential outcomes.
• Commitment to results – A history of successful case resolutions built on meticulous preparation.

Take Control of Your Case Today

If you’ve been arrested for DWI or Refusal in New Jersey, the worst mistake you can make is waiting. The earlier you contact a defense attorney, the stronger your chances of protecting your license, your record, and your future.

Call Reisig Criminal Defense & DWI Law today at 732-625-9660 for a free consultation. Learn how almost 30 years of focused DWI defense experience can help you fight your charges and regain peace of mind.

Remember: refusing a breath test may seem like exercising your rights—but in New Jersey, it could make your case even harder to win. With the right attorney, you can face the situation with confidence and build the best possible defense.

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?
• Don’t I Have A Fifth Amendment Right To Refuse Breath Testing In NJ?

Being arrested for a DWI refusal in New Jersey is a stressful and confusing experience. Refusal charges come from declining to provide a breath sample after being asked by police during a suspected drunk driving stop. While most people understand that refusing can result in serious penalties, many wonder: “If I’ve been charged with refusal before, does a third offense mean automatic jail time?”

The answer may surprise you—under New Jersey law, there is no mandatory jail sentence for a third refusal conviction. That doesn’t mean the situation is simple or the penalties are light, but it does provide important context for those facing these charges.

What a DWI Refusal Really Means

New Jersey’s implied consent law requires all drivers to submit to a breath test if arrested for suspicion of DWI. A refusal charge is not the same as a DWI conviction—it is its own offense. Prosecutors don’t need to prove you were intoxicated; they only need to show that you refused testing after being informed of your obligation.

Even without jail time, refusal convictions can bring steep fines, long license suspensions, and ignition interlock requirements.

Penalties for a Third DWI Refusal

While jail is not mandatory, the consequences of a third refusal are still severe:

• License suspension for up to eight years.
• Fines and fees that can total thousands of dollars.
• Ignition interlock device installed during and after suspension.
• Mandatory surcharges from the Motor Vehicle Commission.

These penalties can disrupt your job, finances, and family life. That’s why defending against a refusal is so important.

Why Jail Is Not Required for a Third Refusal

New Jersey law treats refusal differently than DWI. A third DWI conviction carries mandatory jail time, but a third refusal does not. The reasoning is that refusal is considered a violation of implied consent rather than proof of intoxication. Still, prosecutors may argue that refusing the test shows you knew you were impaired, using the refusal as evidence against you in a DWI case.

Building a Strong Defense

Fighting a third refusal charge requires careful review of police procedure. Common defense strategies include:

• Whether the officer properly read the standard refusal statement.
• If you were given a reasonable chance to provide a sample.
• Whether medical conditions or language barriers prevented compliance.
• Examining dashcam or bodycam footage for inconsistencies.

Even small errors by police can weaken the State’s case.

Why Experience Matters in Refusal Cases

When facing something as serious as a third refusal, experience counts. Reisig Criminal Defense & DWI Law has been defending people across New Jersey for nearly 30 years. The firm focuses on DWI and refusal defense, with a deep understanding of how prosecutors build cases—and how to challenge them.

Clients trust Matthew Reisig and his team for:

• Proven success in DWI and refusal trials.
• Careful review of evidence, from arrest reports to Alcotest procedures.
• Honest advice and clear communication about your options.
• A long track record of helping clients reduce or avoid harsh penalties.

Get The Help You Need

A third DWI refusal in New Jersey doesn’t mean automatic jail time, but it does carry life-changing penalties. License suspensions, ignition interlock requirements, and steep fines can impact your future for years to come. Having the right defense attorney can make all the difference.

If you’ve been arrested for refusal, don’t face the system alone. Contact Reisig Criminal Defense & DWI Law today at 732-625-9660 for a free consultation. With nearly three decades of experience and a reputation as one of New Jersey’s most successful DWI defense firms, Matthew Reisig is ready to fight for you.

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?
• Don’t I Have A Fifth Amendment Right To Refuse Breath Testing In NJ?

Understanding What a DWI Refusal Means in New Jersey

In New Jersey, driving is considered a privilege, not a right. When you receive your driver’s license, you automatically consent to provide a breath sample if you’re arrested on suspicion of driving while intoxicated (DWI). This is known as New Jersey’s Implied Consent Law under N.J.S.A. 39:4-50.4a.

Refusing to take a breath test when requested by law enforcement is a separate offense from the DWI itself. Even if you were not convicted of drunk driving, refusing to blow into the Alcotest can still lead to serious penalties. For a second DWI refusal, those penalties become significantly harsher, including mandatory jail time, extended license suspensions, and expensive fines.

If you’re facing a second refusal charge, you need to understand the law, what you’re up against, and why working with a highly experienced defense attorney like Reisig Criminal Defense & DWI Law can make all the difference.

The Law Behind a Second DWI Refusal

A first-time refusal is serious—but a second offense means you’re no longer viewed as a first-time offender. The state of New Jersey treats repeat violations as evidence that you haven’t corrected your behavior, which means the penalties become progressively harsher.

According to N.J.S.A. 39:4-50.4a, a second DWI refusal conviction can result in the following:

• Mandatory license suspension: 1 to 2 years
• Fines: Between $500 and $1,000
• Ignition Interlock Device (IID): Required during suspension and for up to 2 years after license restoration
• Jail time: A mandatory minimum of 2 days, up to 90 days in county jail

Additionally, you may be ordered to attend alcohol education programs at an Intoxicated Driver Resource Center (IDRC), where attendance and completion are mandatory. Failing to comply with IDRC requirements can extend your suspension or even land you back in jail.

Why Jail Time Is Mandatory for a Second Refusal

New Jersey’s DWI refusal penalties are designed to deter repeat offenders and protect the public. When you’re convicted of a second refusal, the court has little flexibility—there is a mandatory jail component that must be served.

While the exact number of days depends on the details of your case and your attorney’s ability to negotiate, a minimum of 48 consecutive hours in jail is required. Some judges may allow that time to be served in an IDRC-approved facility rather than in county jail, but this is not guaranteed.

Without strong legal representation, you risk spending additional time behind bars, paying thousands in surcharges, and dealing with long-term consequences for your driving record and insurance premiums.

Additional Consequences of a Second DWI Refusal in New Jersey

Beyond the immediate penalties, a second refusal conviction carries serious, long-term consequences:

• Permanent mark on your driving record
• Significant insurance increases—you could be labeled a high-risk driver for years
• Employment issues, particularly if you rely on your driver’s license for work
• Loss of commercial driving privileges (CDL) if applicable
• Reputation damage—a DWI-related conviction can affect your personal and professional relationships

The combination of jail time, license suspension, and financial burden can make everyday life extremely difficult. This is why hiring an experienced New Jersey DWI refusal attorney is so important.

How an Experienced DWI Refusal Attorney Can Help

Facing a second DWI refusal charge is not the time to take chances with an inexperienced lawyer. You need an attorney who fully understands the science behind the Alcotest, New Jersey’s DWI laws, and how to challenge the State’s case effectively.

Attorney Evan M. Reisig, founder of Reisig Criminal Defense & DWI Law, has been defending clients throughout New Jersey for nearly 30 years. His firm focuses exclusively on criminal and DWI defense, giving clients the specialized representation they need in these complex cases.

Reisig and his team know the local courts, prosecutors, and judges—knowledge that can play a vital role in achieving reduced penalties or, in some cases, dismissals. From questioning the legality of the traffic stop to examining whether the officer properly advised you of your rights, every step of your case will be thoroughly investigated.

Common Defenses for a Second DWI Refusal

Although the law is strict, there are valid defenses that may be used to fight a second refusal charge:

1. Improper police procedure – If the arresting officer failed to read the Implied Consent Warning correctly or did not provide clear instructions, the refusal may not hold up in court.
2. Medical or physical inability – Certain medical conditions, such as respiratory illness or anxiety, can make it physically impossible to complete the breath test.
3. Faulty or malfunctioning equipment – If the Alcotest device was not properly maintained or calibrated, its results and the refusal process can be challenged.
4. Lack of probable cause – Police must have a valid reason to stop and arrest you. If they didn’t, the case could be dismissed.

A skilled attorney can identify these weaknesses and build a strategy tailored to your case.

Why Choose Reisig Criminal Defense & DWI Law

For nearly three decades, Reisig Criminal Defense & DWI Law has earned a reputation as one of New Jersey’s most successful DWI defense firms. The firm has handled thousands of cases statewide, from first-time DWIs to complex refusal and repeat-offender cases.

Their success is built on three core values:

• Knowledge of every detail of New Jersey’s DWI laws
• Experience gained through decades of courtroom defense
• Commitment to protecting clients’ rights and futures

When you work with Reisig Criminal Defense & DWI Law, you’re not treated as just another case—you’re treated as a person with a future worth protecting.

Take the Next Step: Protect Your Rights Today

If you’ve been charged with a second DWI refusal in New Jersey, your freedom, license, and reputation are at stake. Don’t wait for the court date to arrive before acting.

Call Reisig Criminal Defense & DWI Law today for a free consultation. With nearly 30 years of proven success in DWI and refusal defense, Attorney Evan Reisig and his team will stand by your side, fighting for the best possible outcome.

Reisig Criminal Defense & DWI Law – Protecting Your Rights, Your License, and Your Future.

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?
• Don’t I Have A Fifth Amendment Right To Refuse Breath Testing In NJ?