Refusing a Breath Test

If you are pulled over for a suspected DUI, the officer will more than likely subject you to a breath test.  If this happens, you may think that refusing the test will improve your chances of not being charged with a DUI.  You might think that it is your right to refuse it and doing so will prevent the results from being used against you in a court of law.  While there used to be some truth to this rationale, under current law, refusing a breath test can never help your case.  On the other hand, refusal can  increase the duration of your license suspension, increase fines, and additional penalties, including the installation of an interlock device on your car that you would not otherwise be subject to.

In the state of New Jersey, when you acquire a license, you give your  “implied consent” to a breath test in the event you are stopped for a suspected DUI.  There are no exceptions.  This is a clause that is automatically applied as a part of the process to obtain a license.  That being said, if you refuse a breath test, it is considered a separate offense in addition to DUI, and therefore carries additional penalties.  The following penalties are listed on the State’s website for refusing a breath test:

refusing-breath-test-penalties

These are the penalties and fines you will face in addition to those applicable for  the DUI itself.  Refusing to take the breath test only strengthens the state’s case.  In all cases it is better to take the breath test and go to court facing only one charge and not two.

Defenses against Refusing a Breath test

As mentioned above, refusing the breath test complicates your case.  Nevertheless, there are ways to defend the charge in court.  Even breath test refusal cases can be dismissed if you hire a capable attorney who can demonstrate that: there was no lawful basis for the motor vehicle stop, the Alcotest machine was malfunctioning when breath samples were provided, and/or  that you were not properly advised of the breath testing procedures.

Call Fred Sisto today to ensure that you will receive all of the professional advice and guidance through the complex legal process.  It’s never a good idea to go into court alone.  Call him today at 732-898-3232.

Refusing a Breath Test
Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr Sisto is an excellent lawyer. The tickets I received were nothing compared to the charges i had originally. I got the best possible outcome for my case, and Mr Sisto was incredibly understanding and patient and responded to any questions I had within about 30 minutes of me asking them. I'll be going to him again for any legal trouble I have in the future
Brandon K
Google star 1Google star 2Google star 3Google star 4Google star 5
mr. fred sisto esq. was very professional, answered all questions i had, & made my husband & i feel more at ease about our criminal case.
Meridith T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred never represented me but been in touch with him a few times and was a very professional experience from the minute I called the office
Jj B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a very competent attorney. He is knowledgeable, thorough, effective and possesses outstanding interpersonal skills. He provided excellent representation in my case and obtained a favorable outcome.
Michael G
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto's attention to detail, his representation and unwavering advocacy for me made all the difference in my case.
Jill F
Google star 1Google star 2Google star 3Google star 4Google star 5
Hired Mr.Sisto to handle a case of mine a couple of months ago and while the service was okay the customer service was awful. When I had inquired about a charge I was unsure of on my bill, Mr. Sisto immediately got defensive and had the unprofessionalism to ask me if I “was high” for asking this question. I wonder if Mr. Sisto asks all of his clients this question or only the ones who have jobs in the cannabis industry? Regardless, I don’t believe this was an appropriate question to ask, regardless of the industry one works in, and therefore Mr. Sisto needs to heavily work on his customer service. Edit: Mr. Sisto had the UNPROFESSIONALISM to reach out to my family and ask them to ask me to take down my review instead of reaching out directly towards me when it was I who was his client, not my family. Clearly speaks to the unprofessionalism surrounding this practice. This has not been the only time Mr.Sisto has gone directly to my family instead of me, his client, for important legal matters and I will not seek out his services again. For those who may not understand Spanish, the email starts with “You should speak to your daughter regarding the review she has just published.” Edit to Response: As an attorney, one should be able to make appropriate questions and comments regardless if a client is “uncooperative” or “disrespectful.” The fact that rather than apologizing for the awful interaction with your firm, and I was not released “within hours” as you claim shows how low value your firm is and how you openly instead chose to harass my family through email for my initial review rather than actually revomy case which I ended up doing and you chareged me for . Regardless of results, your character speaks volumes and anyone who reads this would know better than to give their money to an awful person such as yourself. What a shame
Ximena C
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto was knowledgeable preofessional and experienced. He knew the right steps to take every step of the way and went above and beyond to make sure that I understood the situation. Mr. Sisto will have your back in any legal matter!
Corey S
Google star 1Google star 2Google star 3Google star 4Google star 5
2 👍🏻👍🏻 up
Cc
Google star 1Google star 2Google star 3Google star 4Google star 5
Very informative. Would not hesitate to use Attorney Sisto.
Rose C
Google star 1Google star 2Google star 3Google star 4Google star 5
Realmente es un gran abogado, me ayudo muchísimo en todo este proceso y sobre todo que habla español que es una de las cosas importantes para mi. Por que lo hizo mas entendible y facil cada una de las cosas que tenía que hacer y su amabilidad y paciencia para poder explicarme qué tenía que hacer. Además que mi caso fue un éxito gracias a él ya cada uno de sus conocimientos y a su apoyo en todo momento. Lo recomiendo 100%.
Luis A