JERSEY CITY, NJ – Drivers pulled over for suspected drunk driving in New Jersey often face a difficult decision when asked to take a breath test. Refusing a breathalyzer may seem like a way to avoid a driving while intoxicated (DWI) charge, but according to New Jersey driving defense lawyer Rachel Kugel, that decision carries serious consequences of its own. The Kugel Law Firm (https://thekugellawfirm.com/what-are-the-consequences-of-refusing-a-breathalyzer-test-in-nj/) is helping drivers throughout Jersey City and Hudson County understand what happens when they refuse to submit to a breath test, and what legal options they still have.
Under New Jersey’s implied consent law, refusing a breath test is treated as a separate offense under N.J.S.A. 39:4-50.4a. That means drivers are charged whether or not they are convicted of DWI. Rachel Kugel, who has represented clients across the state, wants drivers to understand the weight of these charges. “Many people don’t realize that refusal triggers automatic penalties, license suspension, fines, and mandatory ignition interlock installation, even if they’re never convicted of drunk driving,” said Kugel. For this reason, the New Jersey driving defense lawyer urges drivers to consult legal counsel immediately after a stop.
New Jersey law considers the refusal to take a breath test as an admission of sorts. New Jersey driving defense lawyer Rachel Kugel emphasizes that the refusal itself can be used by prosecutors to argue consciousness of guilt. Even if no blood alcohol concentration (BAC) reading is available, police observations, like slurred speech, the smell of alcohol, and poor performance on field sobriety tests, can still lead to a DWI conviction.
Attorney Rachel Kugel explains that the law does not just penalize drivers who say “no.” A refusal charge may apply if a person stays silent, offers only partial or weak breath samples, or places conditions on their agreement to test, such as asking to speak with a lawyer first. “It’s important for people to know that refusal includes much more than simply declining. Saying ‘I want my attorney’ or not blowing hard enough can still count,” Kugel said.
The penalties for refusing a breath test escalate with each offense. A first-time refusal conviction results in a license suspension of seven to twelve months, along with fines and the requirement to install an ignition interlock device. Repeat offenses carry harsher consequences: a second refusal brings a one- to two-year suspension, and a third offense leads to an eight-year suspension. These penalties are in addition to any imposed for a separate DWI charge.
Rachel Kugel points out that these sanctions are enforced even when the driver is not convicted of drunk driving. “The refusal is a standalone offense with its own punishment,” she notes. “This surprises many clients who think avoiding the test can help their case.” The conviction also remains permanently on a driver’s record, which can lead to higher insurance premiums and tougher outcomes in any future legal proceedings.
Despite the severity of the consequences, Kugel and her team at The Kugel Law Firm often find opportunities to challenge refusal charges. Officers are required to follow strict procedures before charging someone with refusal, including reading a mandated 11-paragraph warning from the New Jersey Attorney General. If the officer does not read this statement correctly, or if the driver cannot understand it due to language barriers, the charge may not hold up in court.
Another area for potential defense is physical inability to complete the breath test. Rachel Kugel explains that conditions such as asthma or other respiratory problems can prevent someone from providing sufficient breath samples. “If a medical condition makes it physically impossible to blow into the device properly, and that can be documented, it could be a valid defense against the refusal charge,” she said.
In some cases, the legality of the traffic stop itself may be questioned. If the officer did not have reasonable suspicion to initiate the stop or lacked probable cause to believe the driver was under the influence, then both the DWI and refusal charges could be challenged. Courts in Hudson County and Jersey City review these issues carefully, particularly when defense attorneys raise concerns about Fourth Amendment violations.
The technical aspects of the breath test are also closely examined by Rachel Kugel and her team. If the Alcotest device was not calibrated properly, or if the officer lacked training to operate it correctly, this can be another path to contest the charge. Every step, from the initial stop to the breath test administration, is a critical point in building a legal defense.
Drivers facing a refusal charge are often overwhelmed, not realizing that they may still have strong legal arguments available. Rachel Kugel encourages individuals not to assume the case is hopeless. “Just because a person has been charged doesn’t mean they are automatically guilty. There are many factors that can change the outcome.”
If charged with breathalyzer refusal in New Jersey, it’s important to act quickly. The penalties are automatic, and the impact on the driving record, license, and finances can be long-term. Attorney Rachel Kugel and The Kugel Law Firm focus on reviewing the facts of each stop, identifying any procedural errors, and fighting for the most favorable result in municipal or superior court.
Drivers do not have to navigate these legal challenges alone. With a thorough understanding of implied consent laws and a detailed approach to defense, Rachel Kugel helps clients fight back against refusal charges and protect their future.
About The Kugel Law Firm:
The Kugel Law Firm, led by attorney Rachel Kugel, defends individuals charged with drunk driving and breath test refusal across Jersey City, Hudson County, and throughout New Jersey. The firm is committed to carefully examining every case detail, from police stops to court procedures, to develop strong legal defenses.
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