REFUSAL TO SUBMIT BREATH SAMPLES
All persons who operate a motor a motor vehicle on a roadway in this state have provided implied consent to provide samples of their breath when the police have reasonable grounds to believe that they has been operating a motor vehicle while intoxicated. Prior to administering breath tests the police must read a standard statement to all persons arrested of DWI which advises that the law does not allow them to refuse to submit breath samples if arrested for DWI and the failure to provide the breath samples will result in a separate offense of Refusal to submit breath samples in violation of NJSA 39:4-50.2. The separate offense of “Refusal” generally has the same penalties as the DWI violation. Anything short of unequivocal consent to provide breath samples is considered a refusal.
Attorney Steven D. Rothblatt has the expertise, knowledge, and experience to help you and defend you if charged with Refusal to submit breath samples or any type of DWI offense.
