There are defenses for Refusal in New Jersey, but the burden on prosecutors to prove Refusal is much lower than that required to prove DWI.
In a Refusal case, prosecutors only need to prove that you refused to submit to a chemical breath test, or that you refused to supply an adequate sample, in order to demonstrate the charge.
There are circumstances where Refusal can be successfully defended. For instance, one element of a Refusal charge is that you were stopped by police based on probable cause.
If there is reason to believe that the police lacked probable cause, the stop can be thrown out and the charge can be dismissed.
In other cases, there may be a medical defense against Refusal where an insufficient sample (less than 1.5 liters, twice) was supplied to police.
Asthmatics, those with COPD, and other health issues can present medical evidence that complicates a Refusal charge, giving you a defense that a judge can understand.
Attorney Matthew Reisig has successfully defended more than 1,001 drivers in New Jersey against DWI and related charges.
Call him today at 732-625-9660 for a free consultation with an experienced New Jersey Refusal lawyer.
