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New Jersey Implied Consent Laws

Arrested? Call our Bergen County DUI Attorney Today!

New Jersey law states that drivers are required to take a breath test if they are arrested for a DWI or DUI. Under implied consent laws, the fact that you were lawfully arrested gives the officer enough probable cause to have you undergo a breath test to determine your blood alcohol content (BAC).

If you’ve been arrested for a DWI/DUI, the consequences you face can seriously threaten your rights and liberties. At Law Offices of Joseph R. Donahue, LLC, our trusted legal firm has 30 years of experience defending clients from a wide range of criminal matters, including DUIs and DWIs. New Jersey’s penalties for driving while intoxicated are among the toughest in the nation – it’s absolutely crucial that you surround yourself with a defense team who will work tirelessly to protect your future. 

Learn how Law Offices of Joseph R. Donahue, LLC can help today. Call (201) 574-7919 to begin building your defense.

Can I refuse to take a mandatory DWI test?

If you’ve been arrested, the arresting officer will have you take a breath test – he or she should also tell you your rights as well as the penalties if you choose to refuse to take the test. Under these circumstances, it usually does not help you to refuse a chemical test after a DWI or DUI arrest, but it’s important to note that refusing to take the test does not guarantee a conviction. Our attorney is highly skilled in defending clients against even the toughest DWI/DUI cases, and you can trust that we will go the extra mile to ensure we build the best case possible on your behalf.

Penalties for refusing a mandatory breath test can include:

  • First offense: 7 month license revocation
  • Second offense: 2 year license revocation
  • Third offense: 10 year license revocation

Get Help Today! Contact us to Schedule a Free Consultation

There are few things more frightening than being faced with a serious criminal matter. Whether you’ve been arrested for your first, second, or third offense, our approach remains the same – we take the time to get to know our clients and craft personalized defense strategies that are tailor-made to suit each individual need. Because our Bergen County DWI lawyer understands that legal emergencies can unexpectedly arise at any given moment, our phones are answered 24/7. Put your trust in our trial-tested approach today.

To begin discussing your legal options, contact us today to schedule a free consultation.

Hear From Our Happy Clients

Reviews & Testimonials

At Law Offices of Joseph R. Donahue, LLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "The best lawyer I could have ever asked for"

    The best attorney I have ever met in my life. I was facing four felony gun charges and ended up paying a $100 fine with a ...

    - Patrick
    "An outstanding lawyer who I will always recommend to my family and friends."

    He handled my case effectively. An outstanding lawyer who I will always recommend to my family and friends. He displays a lot ...

    - Recent Client
    "TRUST me and go to him if you need anything, he won't let you down"

    My experience was beyond amazing. I always thought going through the court process and finding a lawyer would be the hardest ...

    - Recent Client
    ""the superior court judge issued a written order reversing the municipal court's guilty decision""

    Our son was arrested and charged with DUI in early December of 2015. We got a lawyer who helped us gather evidence (arrest ...

    - Anonymous Client
    "You and your staff were exemplary in your efforts and performance."

    Dear Joseph: I wish to thank you and the staff for all of your efforts, professional knowledge and timeliness in performing ...

    - Criminal Client
    "Outstanding Legal Professional"

    As a Case Management Consultant, I have referred a number of clients to Mr. Donahue over the years. He is an outstanding ...

    - Advocacy Support Network LLC
    "restored my faith in lawyers"

    Mr. Donahue defended me in DWI,it would have been my 3rd.I would have lost DL for ten years and 180 days in jail. I would ...

    - Ken
    "Outstanding Litigator"

    I am a legal consultant who works with many of the top criminal defense lawyers primarily in Northern and Central New Jersey. ...

    - Client
Our Trial-Tested Approach

We always strive to put our clients in the best position possible, so our immediate goal is to obtain a case dismissal or acquittal. If this cannot be done, we seek to minimize the consequences by all legal means possible, perhaps by pursuing a plea agreement, which could include alternate sentencing that improves the impact on our client’s record. Our Bergen County criminal defense attorney is a resolute advocate who never hesitates to take a case to trial if we feel it is in the best interests of our client. No matter how complex your charges may be, we have the proven expertise and passion to help you achieve a positive outcome. Discover how we can help you today.