New Jersey DUI Defense Attorney Rachel Kugel Explains Consequences of Refusing a Breath Test Under N.J.S.A. 39:4-50.4a

New Jersey DUI defense attorney Rachel Kugel of The Kugel Law Firm (https://thekugellawfirm.com/njsa-39_4-50_4a-refusal-to-submit-to-a-breath-test/) is drawing attention to the serious legal implications drivers face when refusing to submit to a breath test under New Jersey law. In particular, she highlights the consequences outlined in N.J.S.A. 39:4-50.4a, which treats breath test refusal as a separate violation from DUI, often resulting in penalties just as severe - if not more so.

For any driver pulled over on suspicion of driving under the influence, understanding how the law applies to breath test refusal is essential. New Jersey DUI defense attorney Rachel Kugel explains that under the state's implied consent law, drivers automatically agree to take a breath test if an officer has probable cause to make a DUI arrest. A refusal to comply with that request - even if unintentional or due to confusion - can result in fines, license suspension, mandatory use of an ignition interlock device, and other lasting penalties.

Rachel Kugel emphasizes that drivers accused of refusing a breath test should not assume their case is unbeatable. As a New Jersey DUI defense attorney, she regularly evaluates whether law enforcement followed the required procedures before labeling a driver as refusing. "Many refusal cases collapse when defense attorneys expose procedural errors," Kugel explains.

According to the information provided by The Kugel Law Firm, a refusal to submit to a breath test does not require the state to prove a driver was intoxicated - only that the driver declined a properly requested test. This makes refusal charges easier to pursue than DUI charges. Still, both charges can be filed at the same time, and each carries separate consequences.

The penalties for refusal escalate quickly. A first-time offender may be required to install an ignition interlock device in their vehicle for up to 15 months and pay fines ranging from $300 to $500. Additional financial burdens include mandatory alcohol education through the Intoxicated Driver Resource Center and a $1,000 annual surcharge for three years from the New Jersey Motor Vehicle Commission.

A second offense within ten years leads to a one- to two-year license suspension and an ignition interlock requirement of two to four years. Fines increase to between $500 and $1,000. A third or subsequent refusal results in an eight-year license suspension, followed by another two to four years with an ignition interlock, and a $1,000 fine. These consequences apply even in the absence of a DUI conviction, reinforcing the seriousness of refusal as a standalone offense.

New Jersey DUI defense attorney Rachel Kugel advises drivers to understand that these consequences don't automatically apply. "Officers must follow strict procedures before declaring refusal," Kugel notes. If law enforcement fails to read the required Standard Statement clearly, provides misleading instructions, or prematurely marks a driver as non-compliant, the charge can be challenged in court.

Refusal charges can also be contested on other grounds. If an officer lacked probable cause for the initial traffic stop, any evidence obtained - including a breath test request - may be considered inadmissible. Likewise, if the officer did not have sufficient cause to make a DUI arrest before requesting the breath test, the refusal charge may not stand.

Medical conditions such as asthma or emphysema, which make it physically difficult to provide a sufficient breath sample, can also be valid defenses. Language barriers or confusion over instructions can further complicate whether a refusal actually occurred.

Rachel Kugel points out that a refusal conviction carries long-term consequences well beyond immediate legal penalties. Insurance rates can double or triple, and commercial drivers risk losing their ability to work. "Refusal convictions create permanent driving record entries that affect insurance rates, employment opportunities, and future traffic violations for the rest of your life," she says.

For anyone facing a refusal charge under N.J.S.A. 39:4-50.4a, time is a critical factor. Rachel Kugel and her team at The Kugel Law Firm urge drivers not to delay in seeking legal advice. Each case presents unique circumstances that may offer opportunities for dismissal or reduced penalties. Challenging the legality of the stop, the clarity of instructions, or the lawfulness of the breath test request can significantly alter the outcome.

Drivers facing these charges have the right to review their case and fight for a fair resolution. Rachel Kugel brings years of experience evaluating the details and context of each situation. Her goal is to help clients avoid long-term damage to their records, finances, and driving privileges.

Anyone accused of refusing a breath test in New Jersey should consider legal counsel as their first step toward resolving the matter. The Kugel Law Firm provides consultations to help drivers understand their rights and the path forward.

About The Kugel Law Firm:

The Kugel Law Firm represents clients throughout New Jersey in DUI-related cases, including charges involving breath test refusal under N.J.S.A. 39:4-50.4a. Led by attorney Rachel Kugel, the firm focuses on defending individuals accused of impaired driving and works to ensure that law enforcement follows proper legal procedures in every case.

Embeds:

Youtube Video: https://www.youtube.com/watch?v=NvkmpIJIn0s

GMB: https://www.google.com/maps?cid=3822170752710866861

Email and website

Email: admin@thekugellawfirm.com

Website: https://thekugellawfirm.com/

Media Contact
Company Name: The Kugel Law Firm
Contact Person: Rachel Kugel
Email:Send Email [https://www.abnewswire.com/email_contact_us.php?pr=new-jersey-dui-defense-attorney-rachel-kugel-explains-consequences-of-refusing-a-breath-test-under-njsa-394504a]
Phone: (973) 854-0098
Address:1 Gateway Center 2600
City: Newark
State: New Jersey 07102
Country: United States
Website: https://thekugellawfirm.com/

Legal Disclaimer: Information contained on this page is provided by an independent third-party content provider. ABNewswire makes no warranties or responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you are affiliated with this article or have any complaints or copyright issues related to this article and would like it to be removed, please contact retract@swscontact.com



This release was published on openPR.