Breath Test Refusal Lawyer Bergen County — What Are Your Defense Options?
Refusing a breath test in Bergen County triggers an implied consent violation under N.J.S.A. 39:4-50.2, a separate charge from DWI with a mandatory 7-12 month license suspension. A conviction also carries significant insurance surcharges. Law Offices Of SRIS, P.C. provides a strong defense for these charges.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
New Jersey Implied Consent Law for Breath Test Refusal
New Jersey’s implied consent law, codified at N.J.S.A. 39:4-50.2, states that any person who drives on the state’s roads has automatically consented to a breath test if lawfully arrested for DWI. Refusing the test is a separate traffic offense. The statute requires police to inform you of the consequences of refusal. If that warning was not properly given, it can form the basis of a defense. The charge is heard in the Bergen County Municipal Court located at 10 Main Street in Hackensack.
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Local Court Process for a Refusal Charge in Hackensack
Your refusal case will be processed through the Bergen County Municipal Court in Hackensack. The court handles this as a quasi-criminal matter. A common defense strategy involves challenging whether the officer had probable cause for the initial DWI arrest or if the refusal warning was read correctly. An experienced breathalyzer refusal defense lawyer Bergen County can file motions to suppress evidence based on these issues.
- Receive the refusal summons and a separate DWI summons (if applicable).
- Consult with a breath test refusal lawyer Bergen County to review the police report and video.
- Your attorney may file pre-trial motions to challenge the stop or the warning.
- Attend a mandatory court date at the Bergen County Municipal Court for plea negotiations or trial.
- If convicted, address the mandatory Motor Vehicle Commission (MVC) suspension and surcharges.
Penalties for Refusing a Breath Test in New Jersey
In Bergen County, a first-offense breath test refusal carries a 7-month license suspension, fines, and mandatory fees that can exceed $1,000 when combined with insurance surcharges.
| Offense | Classification | License Suspension | Fine & Fees | Additional Consequences |
|---|---|---|---|---|
| First Refusal | Traffic Offense | 7 months to 1 year | $300-$500 fine + $100 DWI enforcement fee + $1,000/year (3 years) surcharge* | Installation of an ignition interlock device (IID) for 9-15 months upon restoration. |
| Second Refusal | Traffic Offense | 2 years | $500-$1,000 fine + fees + surcharges | IID installation for 2-4 years upon restoration. |
| Third/Subsequent Refusal | Traffic Offense | 10 years | $1,000 fine + fees + surcharges | IID installation for 2-4 years upon restoration. |
Results may vary. Prior results do not guarantee a similar outcome.
*The $1,000/year surcharge is paid to the NJ Motor Vehicle Commission for three years, separate from any insurance premium increases.
Firm Experience with New Jersey Traffic Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm-wide experience includes over 120 combined years in practice and more than 4,739 documented case results. We maintain a strong practice in New Jersey courts. For an implied consent violation lawyer Bergen County, understanding the nuances of the refusal statute and the local court’s procedures is essential for an effective defense.
Case Results in New Jersey
While specific local counts are proprietary, our firm-wide track record across New Jersey, Virginia, Maryland, New York, and Washington D.C. includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. This extensive experience informs our approach to defending breath test refusal charges in Hackensack and throughout Bergen County.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Bergen County Traffic Defense Lawyers
Our New Jersey location serves clients in Hackensack, Fort Lee, Teaneck, Paramus, Englewood, and all of Bergen County. We are accessible via I-80, the NJ Turnpike, and Route 17.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Breath Test Refusal in Bergen County: Frequently Asked Questions
Is refusing a breath test in NJ a criminal offense?
No. In New Jersey, breath test refusal is a traffic offense, not a criminal crime. However, it is prosecuted in Municipal Court similarly to a criminal case and carries severe penalties including mandatory license suspension, substantial fines, and annual surcharges.
Can I beat a refusal charge if I was not read my rights?
It depends. The law requires police to read a standard statement outlining the consequences of refusal. If the officer failed to read this statement correctly or at all, your attorney can file a motion to dismiss the refusal charge. The success of such a motion depends on the specific facts and available evidence, like dash or body camera footage.
What happens if I refuse a test but am found not guilty of DWI?
You can still be convicted of the refusal. The refusal charge is separate from the DWI charge. An acquittal on the DWI does not automatically dismiss the refusal case. You need a dedicated breath test refusal lawyer Bergen County to defend against both charges independently.
How long will my license be suspended for a first refusal?
For a first-offense refusal in New Jersey, the mandatory license suspension is 7 months. The court has the discretion to increase this suspension period up to 1 year. You will also face fines, fees, and a $1,000 per year surcharge for three years from the Motor Vehicle Commission.
Should I just take the breath test if I’ve been drinking?
This is a critical decision with legal consequences. Refusing leads to a guaranteed suspension. Taking the test and failing provides evidence for a DWI conviction, which also carries suspension and penalties. An attorney cannot make this choice for you, but we can advise on the potential outcomes of each path based on your specific situation during a consultation.
Attorney responsible for this advertisement: Mr. Sris, Law Offices Of SRIS, P.C., 44 Apple St 1st Floor, Tinton Falls, NJ 07724.