Burlington County Refusal Lawyer — What Are Your Defense Options?
Refusing a breathalyzer test in Burlington County triggers an implied consent law violation under N.J.S.A. 39:4-50.2, skilled to separate, severe penalties beyond a DWI charge. A conviction results in a mandatory 7-month to 1-year license suspension and significant fines. The Law Offices Of SRIS, P.C. provides a strong defense for these charges at the Superior Court of NJ, Burlington Vicinage.
New Jersey’s Implied Consent Law and Refusal Charges
New Jersey’s implied consent law, codified at N.J.S.A. 39:4-50.2, states that any person who operates a motor vehicle on the state’s roadways is deemed to have given consent to a breath test if lawfully arrested for DWI. A refusal to submit to this test is a separate traffic offense. 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. Defenses often challenge the legality of the initial stop, the adequacy of the officer’s instructions, or whether a medical condition prevented a valid refusal.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Official Legal Resources
For the full text of the statute, see N.J.S.A. 39:4-50.2 (official New Jersey Legislature site). Court procedures and forms are available at the Burlington Vicinage website.
Local Court Process for a Refusal Charge in Burlington County
Refusal cases in Burlington County are heard in the Municipal Court division of the Superior Court at 49 Rancocas Road in Mount Holly. The process is quasi-criminal. After a refusal, you will receive two separate summonses: one for the underlying DWI and one for the refusal violation. Each carries its own penalties, and they are prosecuted independently. The court will schedule an initial appearance where you enter a plea. Given the complexity, engaging a breathalyzer refusal defense lawyer Burlington County before this hearing is critical to protect your driving privileges and build a defense strategy.
- Receive Summons: You will be issued a summons for refusal also to any DWI ticket.
- First Appearance: Attend your scheduled court date at the Burlington County Municipal Court in Mount Holly to enter a plea.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence or dismiss the charge based on procedural errors.
- Negotiations or Trial: Engage in plea discussions with the prosecutor or proceed to a bench trial before a judge.
- Sentencing: If convicted, the judge will impose fines, surcharges, and a mandatory license suspension.
- DMV Consequences: The court will notify the NJ Motor Vehicle Commission, which will administratively impose the suspension.
Penalties for Refusing a Breath Test in New Jersey
In Burlington County, a breathalyzer refusal conviction carries a mandatory 7-month to 1-year license suspension, fines between $300 and $500, and installation of an ignition interlock device during the suspension period.
| Offense | Classification | License Suspension | Fine | Additional Consequences |
|---|---|---|---|---|
| First Refusal | Traffic Offense | 7 months to 1 year | $300 to $500 | Ignition interlock device during suspension; $1,000+ in annual surcharges. |
| Second Refusal | Traffic Offense | 2 years | $500 to $1,000 | Ignition interlock device for 1-3 years after suspension; increased surcharges. |
| Subsequent Refusal | Traffic Offense | 10 years | $1,000 | Ignition interlock device for 1-3 years after suspension; highest surcharge tier. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Refusal Defense
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings a foundational understanding of how the state builds its cases. Our firm-wide track record includes over 4,739 documented case results. We combine this extensive litigation experience with a focused approach on the technical defenses specific to implied consent law violation lawyer Burlington County cases, such as challenging the adequacy of police warnings and the legality of the traffic stop.
Case Results and Client Advocacy
While specific local results are protected by confidentiality, our firm’s overall practice demonstrates a consistent commitment to achieving favorable resolutions. We approach each Refusal Lawyer Burlington County case by meticulously reviewing the arrest report, police dash/body cam footage, and the procedural steps followed during the breath test request. This detailed analysis allows us to identify weaknesses in the state’s case, whether in the initial probable cause for the stop or in the administration of the implied consent warnings.
Results may vary. Prior results do not guarantee a similar outcome.
Refusal Defense Lawyer Near Burlington County, NJ
Our New Jersey location serves clients facing refusal charges at the Burlington County courts in Mount Holly. We represent individuals from Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton.
24/7 phone consultations — meetings by appointment only.
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.
Frequently Asked Questions: Refusal Charges in NJ
Is refusing a breathalyzer test a crime in New Jersey?
Yes. Refusal is a separate traffic offense under N.J.S.A. 39:4-50.2, independent of a DWI charge. You can be prosecuted and penalized for refusal even if you are found not guilty of the underlying DWI.
What are the penalties for a first-time refusal in Burlington County?
For a first offense, the penalties include a mandatory license suspension of 7 months to 1 year, fines of $300 to $500, and you must install an ignition interlock device in your vehicle for the duration of the suspension. You will also face substantial annual surcharges from the state.
Can I fight a refusal charge if the officer didn’t read me my rights?
Yes. A core defense is challenging whether the officer read the standardized statement outlining the consequences of refusal. If the warning was incomplete, unclear, or not given, it can form the basis for a motion to dismiss the refusal charge.
How does a refusal affect my driver’s license?
A conviction leads to a court-ordered suspension. The NJ Motor Vehicle Commission will then administratively impose that suspension. You will be unable to legally drive for the suspension period and must satisfy all reinstatement requirements, including fees, before your license is returned.
Should I plead guilty to a refusal to get it over with?
No. The consequences are severe and long-lasting. Consulting with a Refusal Lawyer Burlington County before any court appearance is essential. An attorney can evaluate the strength of the state’s case and may identify defenses that could lead to a dismissal or reduction of the charge.
Related Legal Services in Burlington County
If you are facing related charges, our firm also provides representation for criminal defense in Burlington County, DWI/DUI defense in Burlington County, and other serious traffic violations in Burlington County. For a broader view of our traffic defense practice, visit our New Jersey traffic lawyer hub page.
Page Last verified: April 2026. Laws and procedures change. For the most current advice regarding your refusal charge, contact the Law Offices Of SRIS, P.C. at (888) 437-7747.
Attorney responsible for this advertisement: Mr. Sris, Law Offices Of SRIS, P.C., 44 Apple St 1st Floor, Tinton Falls, NJ 07724.