Breath Test Refusal Lawyer Burlington County — What Are Your Rights?
Refusing a breath test in Burlington County is an implied consent violation under N.J.S.A. 39:4-50.2, skilled to a mandatory 7-12 month license suspension, fines, and ignition interlock requirements. Law Offices Of SRIS, P.C. provides a strong defense for drivers facing these charges at the Superior Court of NJ, Burlington Vicinage. Our firm-wide experience includes 4,739+ documented case results.
New Jersey Breath Test Refusal Law
In New Jersey, driving is a privilege conditioned on your implied consent to submit to breath testing if lawfully arrested for DWI. Refusing a breathalyzer test is a separate traffic offense from DWI itself, prosecuted under N.J.S.A. 39:4-50.2. The statute creates a strict penalty structure for refusal, which is adjudicated at the Superior Court of NJ, Burlington Vicinage in Mount Holly. The prosecution must prove the officer had probable cause for the DWI arrest, properly requested the test, and informed you of the consequences of refusal.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Penalties for Refusing a Breath Test in Burlington County
In Burlington County, a breath test refusal conviction carries mandatory license suspension, significant fines, and other penalties that compound with any underlying DWI conviction.
| Offense | Classification | License Suspension | Fine | Other Penalties |
|---|---|---|---|---|
| First Refusal | Traffic Offense | 7 months to 1 year | $300-$500 | Ignition interlock device (IID) for 9-15 months; $100/year surcharge for 3 years. |
| Second Refusal | Traffic Offense | 2 years | $500-$1,000 | IID for 2-4 years; $100/year surcharge for 3 years. |
| Third/Subsequent Refusal | Traffic Offense | 10 years | $1,000 | IID for 2-4 years; $100/year surcharge for 3 years. |
Results may vary. Prior results do not guarantee a similar outcome.
Defending Against a Breath Test Refusal Charge
Mounting a defense requires challenging the state’s case on specific legal grounds. A breath test refusal defense lawyer Burlington County examines whether the officer had probable cause for the initial stop and arrest, if the refusal request was clear and unequivocal, and if you were properly informed of the consequences. The officer must read the standard statement outlining penalties for refusal. Failure in any of these areas can lead to a dismissal of the refusal charge.
- Case Review: Analyze the police report, arrest details, and the officer’s sworn statement for procedural errors or lack of probable cause.
- Motion to Suppress: File motions to challenge the legality of the traffic stop or arrest if constitutional rights were violated.
- Challenge the Refusal Allegation: Argue that the refusal was not knowing and voluntary, perhaps due to confusion, medical issues, or improper advisement of rights.
- Negotiate or Trial: Seek a favorable plea agreement to a lesser charge or prepare for trial to argue the case before a judge.
Case Results and Firm Authority
Law Offices Of SRIS, P.C. was founded in 1997 and has built a record of over 4,739 documented case results firm-wide with a favorable outcome rate exceeding 93%. Our combined attorney experience spans more than 120 years. We actively represent clients in Burlington County, focusing on the specific procedures of the local Municipal Court.
Results may vary. Prior results do not guarantee a similar outcome.
Contact a Breath Test Refusal Lawyer Burlington County
If you are facing an implied consent violation lawyer Burlington County charge, immediate action is critical. Our New Jersey location serves clients throughout Burlington County, including Mount Holly, Mount Laurel, Moorestown, and Medford.
Law Offices Of SRIS, P.C.
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 Burlington County: FAQs
What happens if I refuse a breath test in New Jersey?
You will be charged with a separate refusal offense under N.J.S.A. 39:4-50.2, facing mandatory license suspension, fines, and ignition interlock requirements, regardless of the DWI outcome.
Can I beat a breath test refusal charge?
It depends. A strong defense can challenge the legality of the stop, the arrest’s probable cause, or whether the officer properly informed you of the consequences. An experienced breath test refusal lawyer Burlington County can identify these weaknesses.
Is it better to refuse a breath test if I’ve been drinking?
No. Refusal carries severe penalties on its own and provides the prosecution with evidence of consciousness of guilt. It does not prevent a DWI conviction based on other evidence.
What is the implied consent law in NJ?
By driving in New Jersey, you implicitly consent to submit to chemical breath testing if lawfully arrested for DWI. Violating this implied consent results in separate penalties under N.J.S.A. 39:4-50.2.
How long will my license be suspended for a first refusal?
For a first-offense refusal, the court will impose a license suspension of between 7 months and 1 year, also to fines and an ignition interlock device requirement.
Related Legal Resources
If you are dealing with a refusal charge, you may also need information on DWI defense in Burlington County. For other legal matters, explore our pages for Burlington County criminal defense or return to our New Jersey traffic lawyer hub.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. for the most current legal guidance regarding your breath test refusal case in Burlington County.
Attorney responsible for this advertisement: Mr. Sris, Law Offices Of SRIS, P.C., 44 Apple St 1st Floor, Tinton Falls, NJ 07724.