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Penalties for Refusing an Alcohol Test in New Jersey

As per New Jersey law, one should take a breathalyzer test if he or she is arrested for DWI. New Jersey’s “implied consent” law (Annotated 39:4-50.2) says that if one is lawfully arrested by an officer under the  belief that the individual has been driving while intoxicated, he or she should give their consent to take a chemical breath test for the purpose of determining blood alcohol content (BAC).  The test is taken at the time of the arrest.

Once an individual is arrested, the officer will request a breathalyzer test and should read the individual their rights, depending on whether he or she submits to a test, or the penalties should they refuse. The penalties for refusing to submit to a chemical test are found in the New Jersey Statutes Annotated 39.4-50.22.

Penalties for Refusing an Alcohol Test

  • 1st offense – $300-$500 fine and a license suspension of no less than 7 months and no more than 1 year.
  • 2nd offense – $500-$1,000 fine and a 2-year license suspension.
  • 3rd offense – $1,000 fine and a 10-year license suspension.
  • Installation of an ignition interlock device for a period of 6 months to 1 year after license restoration for the 1st offense, 1 year to 3 years for the 2nd and 3rd offenses respectively.
  • Automobile insurance surcharge of $1,000 a year for 3 years for 1st and 2nd offenses and $1,500 for 3rd offense.
  • A $100 surcharge to be deposited in the Drunk Driving Enforcement Fund Referral to an Intoxicated Driver Resource Center.

Additionally, if one refuses to take a chemical test after they have been arrested for DWI when driving on school grounds, through a school crossing, or even within 1,000 feet of a school, the penalties are doubled.

Are You Charged With DWI? Contact the Law Offices of Joel Silberman, LLC

DWI defense attorneys at the law office of Joel Silberman have been serving clients in New Jersey for more than a decade. We provide diligent criminal defense representation to clients who are facing DWI charges. Call us today at 201-420-1913.


Criminal Defense in New Jersey – The Three Phases of DUI Detection

Driving under the influence (DUI) is a crime of driving a motor vehicle while impaired by alcohol or drugs. If you are arrested for DUI, then hiring a criminal defense attorney will help you.

Three Phases of DUI Detection

In DUI investigations, police officers follow guidelines during the process. There are three phases in the DUI investigation.

  1. Vehicle in motion: In this phase, the officer decides whether to stop the vehicle by observing the manner in which the vehicle is driven. If the officer stops the vehicle without a probable cause, then it is a violation of the United State Constitution.
  2. Personal contact: In this phase, the officer makes face-to-face contact with driver and observes appearance, behavior, coordination, and verbal interaction.
  3. Test: In this phase, the officer tests the driver’s blood alcohol level. The driver has a right to refuse the test, but may be penalized.

Criminal Defense Attorney in NJ

When you are facing criminal charges, you need to hire a criminal defense attorney to fight for you. Attorney Joel Silberman, a NJ criminal defense attorney, is dedicated to fight for individuals that are facing federal, state and municipal charges. Contact attorney Joel Silberman at 201-420-1913.


Charges for Illegal Possession and Use of Prescription Drugs in New Jersey

Using prescription drugs without a valid prescription from a certified doctor is a crime. You may be charged with illegal possession, use and distribution of prescription drugs.

Charges for Illegal Possession of Prescription Drugs in NJ

Theft of prescription drugs, prescription drug possession, forgery or distribution of prescription drugs are drug offenses in NJ.

Theft of prescription drug pads: If a person steals prescription drug pads, he/she may be charged with a drug offense in New Jersey. These crimes are third degree crimes, and may result in 5 years of jail and fines exceeding $100,000.

Prescription drug possession: Possession of a prescription drug in large amounts, without a valid prescription, is a fourth degree crime in New Jersey.

Prescription drug forgery: Obtaining a prescription drug by forgery is a drug offense. Prescription drug forgery is a third degree crime in New Jersey.

Prescription drug distribution: A person who distributes a prescription drug without a valid license can be charged with drug possession and distribution. Distributing prescription drugs for financial gain is a fourth degree crime.

Criminal Defense Lawyer in New Jersey

Contact The Law Offices of Joel Silberman, LLC for help with your prescription drug crime case. Attorney Joel Silberman is a criminal defense lawyer in New Jersey. Call 201-420-1913.


Joel Silberman – New Jersey Criminal Defense Lawyer

If you are accused, charged, or arrested for criminal charges in New Jersey, then you will need an experienced and aggressive New Jersey Criminal Defense Attorney to fight for you. Jersey City criminal defense lawyer Joel Silberman focuses exclusively on criminal defense. With years of legal experience, Joel has a reputation for aggressively representing individuals facing Federal, State and Municipal charges.

Joel and his team have developed formidable negotiation and courtroom skills that ensure the best possible outcome for their clients. At the law office of Joel Silberman, no case is too big or too small; they handle criminal cases ranging from simple misdemeanors to violent felonies.

Joel Silberman – New Jersey Criminal Defense Lawyer


Can I go directly to court with my complaint?

Yes. Under the LAD and FLA, an individual may initiate an action in Superior Court without first filing a complaint with the Division. Prosecution of your claim in Superior Court, however, bars the simultaneous filing of a complaint with the Division or the further processing of a complaint which has already been filed with the Division. If you file an action in Superior Court, you are entitled to a jury trial and, if you win your case, a judge or jury may award you compensatory damages (such as back pay, reinstatement, promotion, pain and humiliation) and punitive damages.

Can I go directly to court with my complaint?


Does New Jersey have bail?

The cash bail system no longer exists in New Jersey. Through bail reform the monetary bail system was replaced with an algorithm that provides the prosecutors and courts a score on a defendants individual flight risk or danger to the community. This assessment is then used to determine whether the State will seek detention and the likelihood that one will be released.

Does New Jersey have bail?
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