Is refusing a breath test worse than failing one?

In many cases, yes. Refusing a breath test carries harsher penalties than a first-time DUI conviction with a low BAC. For instance, a first offense DUI with a BAC between 0.08% and 0.10% typically results in a fine of $250 to $400. In contrast, refusing the breath test can lead to a fine ranging from $300 to $500.

Can I be convicted of refusal even if I wasn't drunk?

Yes, absolutely. The refusal charge is separate from the DUI charge. To convict you of refusal, prosecutors only need to prove that you were lawfully arrested for suspected DUI, the officer properly requested a breath test, and you refused despite being warned of the consequences. Your actual level of intoxication is irrelevant to the refusal charge itself. You can be completely sober, have a 0.00 BAC, and still be convicted of refusal if you declined to take the test after being arrested. This surprises many people who assumed refusal charges only apply when you're actually intoxicated. The law penalizes the refusal itself, not the intoxication level.

Will I still lose my license if I beat the DUI charge?

The refusal charge carries its own separate license suspension regardless of what happens with your DUI charge. Even if you're found not guilty of DUI or those charges are dismissed, a conviction for refusal alone results in license suspension and ignition interlock requirements. The two charges are independent. Beating one doesn't automatically dismiss the other.

New Jersey Breath Test Refusal Lawyer | Breathalyzer Refusal Attorney Totowa NJ

New Jersey Breath Test Refusal Lawyer

Why Hire Top-Rated Breath Test Refusal Attorneys, Camili & Capo, PA, To Handle Your Case

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Breathalyzer Refusal Attorney in Totowa, NJ, Challenging DUI Evidence and Procedures

Refusing a breath test in New Jersey may have made sense in the moment.

Maybe you thought it would protect you, or you froze when the officer demanded you blow. Our New Jersey breath test refusal lawyer understands how stressful these stops are, and we’ve helped many people in the exact situation you’re facing now.

What most drivers don’t realize is that a refusal charge often carries penalties just as severe as a DWI. License suspension, heavy fines, and ignition interlock requirements can all still apply.

But you still have options. Breath test refusals can be challenged, and a strong defense can dramatically change the outcome of your case. Contact us today for a free consultation, and let’s start fighting these charges together.

Facing Criminal Charges And Have Questions? We Can Help. Just Tell Us What Happened. Call (973) 834-8457 Or Fill Out Our Convenient Free Case Evaluation Form.

What Refusing a Breath Test Means for You in New Jersey

New Jersey treats breath test refusal as a separate offense with its own penalties.

You can be charged with both DUI and refusal, facing consequences for both violations. The refusal penalties often exceed the penalties for a first-time DUI conviction, which catches most people by surprise.

First-Time Refusal Penalties

If this is your first time refusing a breath test, you face:

Fines and Fees: $300 to $500 fine, plus a $100 surcharge to the Drunk Driving Enforcement Fund
License Suspension: Your license gets suspended until you install an ignition interlock device in your vehicle. Once installed, you must keep the device for nine to fifteen months.
IDRC Requirement: You must attend the Intoxicated Driver Resource Center for a minimum of six hours per day for two consecutive days.
Insurance Surcharge: $1,000 annually for three years. That's $3,000 total paid on top of your regular premium increases.

Second-Time Refusal Penalties

If you've refused before, the penalties increase significantly:

Fines and Fees: $500 to $1,000 fine, plus the $100 surcharge
License Suspension: One to two years of actual suspension, followed by installation of an ignition interlock device for two to four years after license restoration.
IDRC Requirement: 48 consecutive hours at the Intoxicated Driver Resource Center.
Insurance Surcharge: $1,000 annually for three years.

Third-Time Refusal Penalties

A third refusal charge brings the harshest penalties:

Fine: $1,000, plus the standard surcharges
License Suspension: Eight years, followed by ignition interlock installation for two to four years after restoration.
IDRC Requirement: 48 consecutive hours at the facility.
Insurance Surcharge: $1,500 annually for three years. That's $4,500 total.

If You're Also Convicted of DUI

Here's where things get complicated. You can be charged with both refusal and DUI. If prosecutors convict you of both, you face penalties for both offenses. Discuss your case with our New Jersey breath test refusal lawyer before it’s too late.

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“Mr K. Camili great attorney and very professional. All cases was dismissed and great communication with him and his staff. I would recommend him 5 stars.”
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How Our New Jersey Breath Test Refusal Lawyer Can Fight Your Charges

Breath test refusal cases are different from standard DUI cases.

Your case becomes an opinion case if there was no chemical test. The entire prosecution rests on the officer's subjective observations and interpretations of your behavior. That opens significant opportunities for defense.

Challenging the DUI Charge Without Chemical Test Evidence

Without a breath test or blood test, the state must prove two things:

Your blood alcohol concentration was 0.08 percent or higher.
You lost your normal faculties due to alcohol.

They have to rely entirely on the officer's opinion that you appeared intoxicated. Our New Jersey DUI attorneys attack that opinion from multiple angles:

Field Sobriety Test Reliability

These tests are notoriously unreliable even under ideal conditions.

Uneven pavement, poor lighting, bad weather, nervousness, physical conditions, and the inherent stress of a police encounter all affect performance.

We challenge whether failing these roadside tests actually proves alcohol impairment or just proves you couldn't perform physical tasks under pressure on the side of a highway at night.

Officer Observations

Officers look for standard signs:

Bloodshot eyes
Slurred speech
Alcohol odor
Unsteady movements

Fatigue causes bloodshot eyes. Allergies cause red, watery eyes. Nervousness causes shaky hands. Medical conditions affect speech patterns. Cold weather affects coordination. Our New Jersey breath test refusal lawyer can present alternative explanations for observation the officer claims indicated intoxication.

Building Your Defense Strategy

Every refusal case requires a customized defense strategy based on the specific facts. We need to know:

What happened during the traffic stop and arrest?
What field sobriety tests were conducted, and how did you perform?
What did the officer observe and document?
What did you say during the encounter?
Are there any recordings—dashboard camera, body camera, or station recordings?
Do you have any medical conditions that affected your appearance or performance?
Were you taking any medications?
How many drinks did you actually have, if any?
What happened when the officer requested the breath test?

The answers to these questions determine which defenses apply to your case and how strong they are. Refusal cases can be won, but they require experienced representation that understands how to fight a case built entirely on subjective observations rather than scientific evidence.

Contact us to schedule a consultation where our breathalyzer refusal attorney in Totowa, NJ, can discuss your case and explain your defense options.

Why Drivers Charged With Breath Test Refusal Violation Trust Camili & Capo, PA

Krenar Camili chose to become a lawyer because he wanted to defend people when they needed it most. He didn't grow up with connections to the legal world. He had to learn it through determination and refusal to accept that the system always wins. That perspective shaped how he approaches criminal defense.

He sees breath test refusal cases as someone’s freedom at stake. Maybe you said no because you were scared or did not know how it works.

Our other founder, Joseph Capo, brings that same energy to the firm. He appears regularly in federal, state, and local courts throughout New Jersey, fighting for clients who need someone willing to challenge the state's case rather than just negotiate a plea.

Together, they've built more than 35 years of combined legal experience into a practice focused on getting real results for clients facing serious charges.

Before starting Camili & Capo, PA, Krenar served as a Judicial Law Clerk for the Honorable Raymond A. Reddin, J.S.C. of the Passaic County Superior Court. He learned how judges evaluate evidence, what they consider credible testimony, and how they approach cases where conviction depends entirely on one officer's subjective observations.

We use that insider knowledge to build stronger defenses for our clients. We know how to present evidence in ways that resonate with judges.

Contact Our New Jersey Breath Test Refusal Lawyer at Camili & Capo, PA, Today for a Free Case Evaluation

Refusing a breath test creates immediate consequences that ripple through every part of your life.

Your license gets suspended. Installing an ignition interlock device means explaining to everyone who rides in your car why you have to blow into a device before starting the engine. The financial burden hits hard.

The earlier you involve an attorney, the more options we have. Evidence needs to be preserved, especially video recordings that might contradict officer testimony. Witnesses need to be identified while their memories are fresh. Medical records documenting conditions that affected your performance need to be gathered.

For help from a breath test refusal lawyer in New Jersey, contact the Camili & Capo, PA, firm online or call today.

Frequently Asked Questions About Facing Charges for Breath Test Refusal in New Jersey

Yes, absolutely. The refusal charge is separate from the DUI charge.
To convict you of refusal, prosecutors only need to prove that you were lawfully arrested for suspected DUI, the officer properly requested a breath test, and you refused despite being warned of the consequences.
Your actual level of intoxication is irrelevant to the refusal charge itself. You can be completely sober, have a 0.00 BAC, and still be convicted of refusal if you declined to take the test after being arrested.
This surprises many people who assumed refusal charges only apply when you're actually intoxicated. The law penalizes the refusal itself, not the intoxication level.