Woodbridge NJ Refusal Lawyers

New Jersey DWI Law operates under an “implied consent” rule. This means that a driver who is pulled over in Woodbridge due to suspected drunk driving is obligated to take a breathalyzer or Field Sobriety Test as administered by the officer. If you refuse to take the Alcotest (breathalyzer) the police or State Troopers can charge you with Refusal as well as a DWI. The elements that must be met in a refusal offense are:

  1. That the arresting police officer had probable cause to believe that the defendant operated a motor vehicle while under the influence of alcohol;
  2. An arrest of the defendant;
  3. A refusal by the defendant to submit to a breathalyzer test;
  4. That the request for the defendant to take the test was made by a police officer who had reasonable grounds to believe that defendant had been operated a motor vehicle in violation of the DWI laws; and
  5. The attempt to administer the breath test was conducted lawfully.

An officer can only administer a breath test in Woodbridge if he or she has reasonable grounds in doing so. Further, each of the aforementioned elements must be proved by a preponderance of the evidence (more likely than not). To learn more about how we may be able to help you or your loved one, contact our office today to speak with an experienced Woodbridge DWI attorney.