Free Consultation: 973.267.8895

973.267.8895

Breathalyzer Refusal Lawyers Parsippany, NJ

Breath Test Refusal Attorneys Serving Morris County & Beyond

Refusing a breath test in New Jersey is a violation of the law. The penalties for conviction on refusal are similar to those for conviction for DUI/DWI. Known as the Refusal Statute, the law means that anyone who obtains a driver’s license in the state has already consented in advance to being tested when stopped on suspicion of drunk driving. Also referred to as “implied consent,” this approach to testing blood alcohol content is used almost everywhere in the United States, including New Jersey.

In New Jersey, Breathalyzer Equals Alcotest

NJ uses a machine called the Alcotest. Refusing to submit to an Alcotest test means that even if you are never convicted of DUI/DWI, you can still be convicted of refusing the breath test. Although most attorneys advise clients to agree to the test because of the consequences of refusing, they can also mount a defense against the charge in the right circumstances.

Morristown Attorneys Defend Clients Against Breathalyzer Refusal Charges

At the Morristown, New Jersey law firm of Hanlon Dunn Robertson Schwartz, the lawyers defend clients against charges of refusing to submit to an Alcotest. The firm’s DWI defense attorneys are dedicated and persistent defenders of clients’ rights and will review all the evidence to develop a strategy that gives the client the best chance at a good outcome.

Penalties for Refusing the Alcotest in Dover, New Jersey

If you refuse to take a breath test to record your blood alcohol content, you will face all the penalties you would receive if you were convicted of a DUI/DWI—fines, driver’s license suspension, and required completion of an Intoxicated Driver Resource Center program. The only difference is that the Refusal Statute does not specify jail time as a penalty for breath test refusal.

Defenses Against Breath Test Refusal Charges in Randolph Township, NJ

Although these cases can be challenging, there are defenses against charges of refusing to take a breath test. Depending on the circumstance, your attorney could argue that:

  • You were not actually operating the vehicle and thus the officer had no legal grounds to ask you to take a breath test. For example, you could have been in a parking lot, your driveway, or off the shoulder of the road.
  • The officer had no probable cause to arrest you. For example, there may be other explanations for failing a field sobriety test—illness, medication, balance problems. You might have stopped for a minor traffic violation like a broken tail light. Unless the officer smelled alcohol, they should not be able to ask you to take a breath test for a broken tail light.
  • The officer did not read the implied consent warning. Moreover, some have used the “confusion defense,” which asserts that even if the officer read the warning, the driver was unable to understand it due to language or hearing issues.

Not all cases involving breath test refusal will lend themselves to defenses such as these. However, the firm’s lawyers will leave no stone unturned in their efforts to build a strong defense on behalf of a client facing breath test refusal charges.

Contact an Experienced Denville Breath Test Refusal Attorney Who Handles DWI Defense

If you are facing charges of refusing a breath test in Morris County, NJ, an experienced attorney can help. Contact Hanlon Dunn Robertson Schwartz via our online contact form to schedule a free consultation to learn what we can do for you.

We help clients fight breath test refusal charges and DWI charges anywhere in Morris County, New Jersey, including Mount Olive Township, Montville, Jefferson Township, Pequannock Township, Lincoln Park, Denville Township, Dover, Chester Borough, Harding Township, and Mount Arlington, NJ.

Our Blog


  • Facts You Need to Know if Fighting for Child Custody in New Jersey

    Fighting for custody of your children is never a particularly fun endeavor. Establishing child custody arrangements with your children’s other parent usually entails making changes to your children’s daily living situation, including where your children live, who they will be living with, and, sometimes, where they go to school. However, sometimes this fight in necessary […] Read More


  • Getting Charges for Assault Dropped

    Being charged with assault is common in many cities. Although assaults do occur in more rural areas, law enforcement officers often find assault allegations arise more in areas of dense population. Typically, these accusations occur with those in a relationship but assault may occur in other contexts as well. Sexual assault, aggravated assault, assault of […] Read More


  • Factors Courtrooms Analyze When Making Custody and Visitation Decisions

    When a couple who has children together decides to split up, they are forced to come to an agreement about custody and visitation between the parents and the children. In many situations, courtrooms help parents come to a reasonable agreement, and they also enforce the agreements when one or more parties refuse to cooperate. Custody […] Read More

Thank you!

Someone from our office will contact you shortly.

"You will not find a better firm than this firm! The best defense attorney firm there is, and also the best PI and matrimonial lawyers there are."

- Lisa Cutner-Piernot