DUI Defense Attorney in New Jersey Rachel Kugel Highlights Consequences of Refusing a Breath Test Under Implied Consent Law

New Jersey - The Kugel Law Firm (https://thekugellawfirm.com/what-is-the-implied-consent-law-in-new-jersey/), led by DUI defense attorney in New Jersey Rachel Kugel, is drawing attention to the serious consequences drivers may face under the state's Implied Consent Law when they refuse to take a breath test after a DWI arrest. Refusal can carry penalties nearly equal to a drunk driving conviction, with lasting impacts on a person's license, finances, and future opportunities.

As a DUI defense attorney in New Jersey, Rachel Kugel represents clients throughout the state, including Hudson County and Jersey City. She emphasizes that many drivers do not fully understand the risks involved in refusing a chemical breath test after being arrested on suspicion of driving under the influence. Under the Implied Consent Law, simply choosing to drive on New Jersey roads means a driver is considered to have agreed in advance to chemical testing if arrested for DWI.

Rachel Kugel, a committed DUI defense attorney in New Jersey, stresses that the law is not absolute. "Police must follow strict procedures," she explains. "That includes having probable cause for the stop, reading a standard statement that explains the consequences of refusal, and ensuring that testing is performed using certified equipment and operators."

"Refusing a breath test after a drunk driving stop can carry harsh consequences that can derail your personal and professional life," said Kugel. "You're confronting potential license suspension, steep fines, and a record that impacts far more than just your ability to drive."

The Implied Consent Law began in 1966 when New Jersey enacted legislation to give law enforcement stronger tools to combat drunk driving. This law, known as N.J.S.A. 39:4-50.2, means that any driver arrested with probable cause for DUI is treated as having already agreed to submit to a breath test. A refusal can result in immediate penalties, including license suspension and hefty fines, even if the driver is not ultimately convicted of DUI.

If officers deviate from those rules, whether by failing to inform the driver in a language they understand or misapplying the testing protocol, Kugel and her team look closely at those issues to build a strong legal defense. The Kugel Law Firm handles DWI and refusal charges in municipal courts across the state, including Jersey City Municipal Court.

"Your case is unique, and so is the plan we build with you," the article states. This tailored approach is key to how the firm navigates each client's situation, from the moment of arrest through court hearings and possible license reinstatement steps.

For first-time refusal offenders, penalties include mandatory ignition interlock installation, fines between $300 and $500, and attendance at an Intoxicated Driver Resource Center (IDRC) program. Repeat offenders face more severe outcomes, such as multiple years of license forfeiture and fines up to $1,000. Additionally, there is a $1,000 annual surcharge for three years for any refusal conviction. These administrative penalties can pile on top of DWI-related consequences if a person is charged with both.

The law also recognizes refusal in broader terms than many people realize. It is not limited to saying "no" outright. Failing to give a sufficient breath sample, remaining silent during the request, or even insisting on speaking with a lawyer before agreeing to the test can all be interpreted as a refusal under New Jersey's definition. Drivers do not have the right to consult an attorney before submitting to a breath test, and making that a condition of compliance will likely count against them.

In New Jersey, refusal charges also apply to underage drivers under the state's zero-tolerance policy. Anyone under 21 with a blood alcohol content of 0.01 percent or higher can face license penalties even if they are not legally drunk by adult standards. And just like adults, they are also subject to implied consent laws.

Rachel Kugel highlights the importance of challenging both the refusal charge and the circumstances surrounding the DUI arrest. "We take a straightforward approach to challenge procedural errors, protect your rights, and work toward a favorable resolution," the firm notes.

Choosing to refuse a breath test might seem like a way to avoid a DUI conviction, but in reality, it can lead to separate and equally serious legal issues. The long-term effects on employment, insurance, and daily responsibilities are considerable. That is why early legal representation matters. Rachel Kugel and The Kugel Law Firm encourage individuals facing these charges to take swift action to understand their legal rights and options.

Anyone arrested on suspicion of DUI or charged with refusal under the Implied Consent Law should consider their next steps carefully. With a detailed understanding of New Jersey law and court procedures, Rachel Kugel provides clear guidance to help clients make informed decisions during a stressful time.

About The Kugel Law Firm:

The Kugel Law Firm, led by DUI defense attorney Rachel Kugel, represents individuals charged with drunk driving and refusal offenses throughout New Jersey. With a focus on providing straightforward and practical legal guidance, the firm handles cases in municipal and superior courts across the state, including Hudson County and Jersey City.

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Company Name: The Kugel Law Firm
Contact Person: Rachel Kugel
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Phone: (973) 854-0098
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Website: https://thekugellawfirm.com/

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