• nicoleewise

Can I be convicted of a DUI AND a Refusal??

Many people believe that they can only be convicted of one offense, either a DUI or a Refusal to submit to a breath test. However, you can actually be convicted of BOTH of these charges. You can face the penalties for BOTH, which would obviously be a great deal of fines and surcharges.

Also, it is possible that your license suspension can be run CONSECUTIVE - meaning one after the other. Therefore, there is the possibility that you could face a much longer license suspension if you refuse, than if you submitted to the breath test and were only convicted of the DUI. This is important for people to understand, as it doesn't always make a great deal of sense.


Generally speaking, you must submit to the breath test when asked by an officer. There are only VERY LIMITED circumstances where this would not be the case, and it is rare for a challenge to this issue to be successful.

If you have been charged with a refusal, you should consult with an experienced DUI defense attorney to determine if you have any defenses to this charge and/or to obtain the best result possible on all charges.

609-515-6103
South Jersey Attorney with a focus on Criminal Defense & Divorce
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