Burlington County Refusal Lawyer — What Are Your Rights After Refusing a Breath Test?
Refusing a breathalyzer test in Burlington County triggers severe penalties under New Jersey’s implied consent law, including a mandatory license suspension. A refusal lawyer Burlington County from Law Offices Of SRIS, P.C. can challenge the stop, the officer’s instructions, and the refusal allegation to protect your driving privileges. Our firm has documented results defending clients at the Mount Holly courthouse.
New Jersey’s Implied Consent Law and Refusal Charges
Under New Jersey’s implied consent law (N.J.S.A. 39:4-50.2), any person who operates a motor vehicle on the state’s roadways is deemed to have given consent to a breath test to determine blood alcohol content (BAC). If you are lawfully arrested for DWI by an officer with probable cause, refusing to submit to the test is a separate traffic offense. The prosecution must prove the officer had probable cause for the DWI arrest, properly requested the test, and informed you of the consequences of refusal. A breathalyzer refusal defense lawyer Burlington County examines each element to find weaknesses in the state’s case.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
External Legal Resources
- N.J.S.A. 39:4-50.2 (official New Jersey Legislature)
- Burlington Vicinage Superior Court (official NJ Courts website)
Local Court Process for a Refusal Charge in Mount Holly
Refusal cases in Burlington County are heard in the Superior Court, Law Division, in Mount Holly. The process is administrative but carries serious consequences. The court will schedule a hearing where the state presents its evidence. An implied consent law violation lawyer Burlington County can argue that the officer failed to follow proper procedure or that the refusal was not knowing and voluntary.
- Receive the Refusal Complaint: You will receive a summons and a temporary driving privilege.
- Schedule an Initial Hearing: Your attorney will file an appearance and request discovery from the prosecutor.
- Review the Evidence: Your lawyer will scrutinize the police report, dash/body cam footage, and the Standard Statement form.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence or dismiss the charge based on procedural flaws.
- Administrative Hearing: If the case proceeds, a judge will hear arguments on the legality of the refusal allegation.
- Appeal (if necessary): An unfavorable ruling can be appealed to the Appellate Division.
Penalties for Refusing a Breath Test in New Jersey
In Burlington County, a first-offense refusal carries a mandatory license suspension of 7 months to 1 year, fines of $300 to $500, and mandatory installation of an ignition interlock device (IID) for 9-15 months after license restoration.
| Offense | Classification | License Suspension | Fine | Additional Consequences |
|---|---|---|---|---|
| First Refusal | Traffic Offense | 7 months – 1 year | $300 – $500 | 9-15 months IID; $1,000/year surcharge for 3 years |
| Second Refusal | Traffic Offense | 2 years | $500 – $1,000 | 2-4 years IID; $1,000/year surcharge for 3 years |
| Third+ Refusal | Traffic Offense | 10 years | $1,000 | 2-4 years IID; $1,500/year surcharge for 3 years |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Refusal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our “Advocacy Without Borders” approach means we fight aggressively within the strict procedural framework of New Jersey refusal law. We understand that a license suspension can disrupt your work and family life, and we build defenses focused on preserving your ability to drive.
Case Results and Client Advocacy
While specific Burlington County refusal case results are protected by client confidentiality, our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. Our defense strategies are case-specific to the specifics of each refusal allegation, from challenging the initial traffic stop to disputing the adequacy of the officer’s instructions.
Results may vary. Prior results do not aim for a similar outcome.
Local Service for Burlington County Residents
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Our New Jersey location serves clients throughout Burlington County, including those with cases at the Superior Court in Mount Holly. We represent individuals in Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton. If you need a refusal lawyer near Burlington County, we offer 24/7 phone consultations and in-person meetings by appointment.
Frequently Asked Questions: Refusal Charges in NJ
Is refusing a breathalyzer test a crime in New Jersey?
No. Refusal is a separate traffic offense, not a criminal crime. However, it carries severe penalties like mandatory license suspension, large fines, and ignition interlock requirements, independent of any DWI charge.
Can I beat a refusal charge if I was never read my rights?
It depends. The officer must read the standardized “Statement of Consequences” for refusal. If they fail to do so, or if the instructions were unclear or incomplete, your attorney can argue the refusal was not “knowing” and move to dismiss the charge. The specific facts of your stop are critical.
What happens if I refuse and am also charged with DWI?
You face two separate cases: the DWI criminal charge and the refusal administrative charge. Penalties are imposed separately and consecutively. This means you could face license suspensions for both charges back-to-back, totaling years without a license. A strong defense is essential for both matters.
How long do I have to challenge a refusal charge?
You must act quickly. You have a limited window to request a hearing to contest the refusal. It is vital to contact a refusal lawyer Burlington County immediately after your arrest to ensure all deadlines are met and your right to a hearing is preserved.
Should I just take the test if I’ve been drinking?
This is a critical personal decision with legal consequences. Refusing guarantees a suspension if convicted, but provides no chemical evidence for the DWI case. Taking the test and failing provides evidence for the DWI charge. An attorney can advise you based on the specific circumstances, but this choice must be made at the time of the arrest.
Internal Resources
- New Jersey Civil Litigation Lawyer Hub
- Camden County Civil Litigation Lawyer
- Burlington County DUI Lawyer
- Our New Jersey Law Office Location
Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal guidance regarding refusal charges in Burlington County.