Burlington County Breath Test Refusal Lawyer — 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 device requirements. Law Offices Of SRIS, P.C. provides defense for 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 and Penalties
In New Jersey, operating a motor vehicle implies your consent to submit to a breath test if lawfully arrested for DWI. This is known as the “implied consent” law. Refusing the test is a separate traffic offense from the DWI itself, charged under N.J.S.A. 39:4-50.2. 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
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience handling complex traffic defense cases like breath test refusals.
Official Legal Resources
For the official text of New Jersey’s implied consent statute, see N.J.S.A. 39:4-50.2 (official New Jersey Legislature site). Court procedures and forms for Burlington County are available at the Superior Court of NJ, Burlington Vicinage website.
Local Defense Strategy for Burlington County
In Burlington County, breath test refusal cases are heard in the same Municipal Court that handles DWI charges. A key local procedural fact is that the officer’s testimony regarding the refusal warning is often central to the case. The state must show you were read the Standard Statement for Motor Vehicle Operators outlining the penalties. An experienced breath test refusal lawyer Burlington County can challenge whether the warning was properly administered or if you were too incapacitated to understand it.
- Post-Arrest: You will receive summonses for both DWI and Refusal. Your license is confiscated, and you get a temporary driving permit.
- Initial Consultation: Immediately consult with a breathalyzer refusal defense lawyer Burlington County to review the arrest details and police reports.
- Court Arraignment: You will have an initial appearance at the Burlington County Municipal Court to enter a plea.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence or dismiss the refusal charge based on procedural errors.
- Negotiation or Trial: Your lawyer will negotiate with the prosecutor for a favorable resolution or prepare for a bench trial before a judge.
- Sentencing & DMV Actions: If convicted, the court imposes fines, and the NJ Motor Vehicle Commission will administratively suspend your license.
Penalties for Refusing a Breath Test in New Jersey
In Burlington County, a first-offense breath test refusal carries a 7-month license suspension, fines between $300 and $500, and mandatory installation of an ignition interlock device during and after suspension.
| Offense | Classification | License Suspension | Fine | Ignition Interlock | Additional Consequences |
|---|---|---|---|---|---|
| 1st Offense Refusal | Traffic Offense | 7 months | $300 – $500 | 6-12 months post-suspension | NJ MVC surcharges of $1,000/year for 3 years. |
| 2nd Offense Refusal | Traffic Offense | 2 years | $500 – $1,000 | 1-3 years post-suspension | Increased insurance premiums, potential jail if combined with DWI. |
| Refusal with DWI | Separate Charges | Suspensions run consecutively | Fines for both offenses | Mandatory | Enhanced penalties, including possible jail time. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burlington County Refusal Case
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined attorney experience to complex traffic defense. Our firm-wide track record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. We understand the severe implications of an implied consent violation and provide focused, strategic defense.
Case Results and Client Advocacy
SRIS actively practices in Burlington County. While specific local case counts are proprietary, our firm-wide results demonstrate our capability. We have successfully defended clients by challenging the legality of the traffic stop, the probable cause for arrest, and the administration of the refusal warning. Results may vary. Prior results do not guarantee a similar outcome.
Breath Test Refusal Defense in Burlington County, NJ
Our New Jersey location serves clients facing charges at the Burlington County courts in Mount Holly. We provide representation for residents of Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton.
Available 24/7 | By Appointment Only
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Consultations are available by phone 24/7. In-person meetings at our Tinton Falls location are by appointment only.
Frequently Asked Questions: Breath Test Refusal in NJ
Is refusing a breath test in NJ a criminal offense?
No. Breath test refusal is a separate traffic offense under New Jersey’s implied consent law (N.J.S.A. 39:4-50.2), not a criminal crime. However, it carries severe administrative penalties like license suspension, large fines, and ignition interlock requirements, independent of any DWI charge.
Can I beat a breath test refusal charge in Burlington County?
It depends. Defenses often challenge whether the officer had probable cause for the DWI arrest or if the refusal warning was read correctly. An implied consent violation lawyer Burlington County can file motions to suppress evidence. Success depends on the specific facts of your arrest and the officer’s adherence to strict procedure.
What happens if I refuse a breath test but pass field sobriety tests?
You can still be charged with refusal. The refusal charge is based on the arrest for DWI, not a conviction. If the officer had probable cause to arrest you, your subsequent refusal is a violation, regardless of other test results. The refusal and DWI cases are prosecuted separately.
How long will my license be suspended for a first refusal?
For a first-offense breath test refusal in New Jersey, the mandatory license suspension is 7 months. This is also to any suspension for a DWI conviction if you are also found guilty of that charge. You will also face fines and be required to install an ignition interlock device.
Should I just take the breath test if I’ve been drinking?
This is a critical decision with legal consequences. Refusal guarantees a 7-month suspension, while a high BAC reading may lead to a 3-month DWI suspension. The best course depends on your unique situation. Consulting immediately with a breathalyzer refusal defense lawyer Burlington County is essential to understand the potential outcomes for your case.
Related Legal Services in Burlington County
If you are facing a breath test refusal charge, you may also need assistance with related matters. We also provide representation for criminal defense in Burlington County, DWI/DUI defense in Burlington County, and other traffic violations in Burlington County. For a full view of our traffic defense practice, visit our New Jersey traffic lawyer hub page.
Page last verified and updated: April 2026. Laws and procedures change. For the most current advice regarding your breath test refusal case in Burlington County, contact 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.