What constitutes a refusal to submit to a breath test in New Jersey?

NJ DWI FAQ  |  See also:  NJ Criminal Defense FAQ

Q) What constitutes a refusal to submit to a breath test in New Jersey?

A) The state has a very straightforward and simple burden in proving that an individual has refused to submit to a breath test.   The state must first prove that an individual was driving a motor vehicle on a public or quasi-public road.  The second required proof is that the individual appears to have driven a vehicle or intended to drive a vehicle while intoxicated.  The third proof is that an individual was requested to submit to a breathalyzer examination and refused or responded in any way that was not a clear yes.

Next > Am I required to provide a breath test?

Villani & DeLuca P.C. are experienced DWI Defense attorneys.  Call 732-965-3350 for a Free phone consultation.

home-publications