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Mercer County

Criminal Defense Lawyers
  • Over 100 Years of Combined Experience
  • Practice Exclusively in DUI & Criminal Defense
  • Former County & Municipal Prosecutors
  • Decades of Case Success Stories

Breath Test Refusal

Lawrenceville NJ Breath Test Refusal Attorney

Every motorist consents to providing a breath sample upon request by a police officer when they operate a motor vehicle in Lawrenceville or anywhere else in New Jersey. We assume that you refused such a request given that you are on this page. This certainly is not time to panic as the are many potential defenses to a refusal charge that a defense attorney here at the Law Offices of Jonathan F. Marshall can pursue on your behalf. Indeed, our staff includes a team of lawyers that have been defending drinking and driving cases in Mercer County municipalities like Lawrence, Hamilton, Trenton, Ewing and West Windsor for over a century combined. While it may seem like the impossible to many attorneys, the truth is that we are able to avoid a conviction a breath test refusal offense many times every year. For a free initial consultation with a lawyer at the firm, contact us at 609–683–8102 for an immediate consultation.

Refusal Offense in Mercer County New Jersey

The New Jersey Implied Consent Law is contained at N.J.S.A. 39:4-50.2. Every motorist is obligated to consent to the taking of breath samples for purposes of determining blood alcohol content (“BAC”) if a police officer has reasonable grounds to suspect that he or she is operating while intoxicated. What this means is that you were required to submit to a breath test after being stopped in Ewing Township if the request was reasonable based on how you performed field tests. The police must have adhered to a very strict protocol however in administering this request in order to attempt to impose the penalties set forth in N.J.S.A. 39:4-50.4. For a first offense, there is a fine of $300-$500, a seven month driver’s license suspension, 12 hours in a Intoxicated Driver’s Resource Center (“IDRC”) and an annual surcharge of $1,000 for a period of three years. For a second offense, the fine is $500-$1,000, the suspension is increased to two years and the same IDRC and surcharge obligation as a first offense applies. For a third or subsequent refusal conviction, you face a $1,000 fine, ten year license suspension, a 48 hour IDRC requirement and an annual surcharge of $1,500 for three years. New Jersey also imposes a requirement that an ignition interlock be installed in your vehicle if you refuse to take a breath test. Installation is discretionary for a first offense and required for a second or third conviction. The device must be installed on your motor vehicle during the period of your suspension plus one to three years following restoration.

East Windsor NJ Breath Test Refusal Lawyers

If you were charged with refusing to provide a breath test in East Windsor, Robbinsville, Hightstown, Princeton or another Mercer County municipality, enlisting the services of our lawyers is an excellent option. The Law Offices of Jonathan F. Marshall has one of the most highly trained and experienced in DWI defense teams in the state and we certainly are well schooled in refusal charges as well. An attorney is ready to conduct a comprehensive review of the facts surrounding your motor vehicle stop, the roadside field testing and every thing else that led to issuance of your ticket or summons for breath test refusal. To learn your options in defending this offense, call 609–683–8102 to speak to a lawyer immediately.

Additional DWI Resources

Mercer County Towns Served

IDRC East Windsor DWI Defense Attorneys
Second Offense DWI Hamilton Township DWI Lawyer
Alcotest Breathalyzer Robbinsville DWI Lawyer
Field Sobriety Testing West Windsor NJ DWI Attorney
Third Offense DWI Ewing NJ DWI Attorney
Ignition Interlock Trenton DWI Defense Lawyers


103 Carnegie Center, Suite 300 Princeton NJ 08540
By appointment only

3150 Brunswick Pike, Suite 300, Lawrenceville, NJ 08648

100 Horizon Center Blvd., Hamilton, NJ 08691
By appointment only

We serve clients throughout Mercer County, New Jersey — including Trenton, Hamilton, Princeton Borough, West Windsor, East Windsor, Lawrence Township, Robbinsville, Hightstown, Princeton Township, Ewing and Hopewell — and surrounding areas, including Hunterdon County and Burlington County.

If you have been charged with a crime in Mercer County, New Jersey, it is in your interests to talk to an experienced criminal defense lawyer as soon as possible. For a free consultation, you can call our firm 24 hours a day, seven days a week.

The information you obtain at this site is not, nor is it intended to be, legal advice. This web site is designed for general information only. You should consult an attorney for advice regarding your specific situation. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey.