“This is an example of a Newark DWI refusal case that I was able to have thrown out of court. Loopholes like this exist in many DWI and refusal cases.”

Drunk Driving and Refusal Charges Newark NJ help I recently represented a client in Newark NJ who was accused of DWI (driving while intoxicated) and refusal to submit a breath test.  Refusal to submit a breath test is typically the same thing as blowing a positive result into the Alcotest machine.  You can’t get out of the DWI by refusing to take a test, they just give you a virtually identical charge.

She faced a 7 month license suspension on the refusal charge and a three month suspension on the DWI itself, as she was charged with both. Obviously, this is coupled with potential jail time and a pile of fines/insurance surcharges.

My client was driving down the New Jersey Turnpike and hit a guardrail.  The car was badly damaged, the airbag was deployed, and my client might have been experiencing the symptoms of a concussion as well.  Logically, she was taken to the hospital to be cared for.

The police officer claimed to have smelled alcohol on the defendant’s breath, so he arrested her for DWI.  He also requested that she take a blood or urine test at the hospital, a request that the defendant refused.  Remember, a charge for refusal applies to breath testing.  At no point do the police have the right to demand your blood or urine.  In addition, there needs to be probable cause for testing someone’s blood alcohol content.  This is usually established by conducting a series of field sobriety tests, where someone has the opportunity to stumble, fall, say something dumb, or do any other number of things which would give the officer probable cause to conduct a breath test.  The officer never conducted a series of field sobriety tests for my client.

The refusal charge was immediately thrown out, since the officer never once asked for a breath test.  If he had asked for a breath test, we still could have fought to suppress the results  based on the lack of field sobriety tests, which would give the officer probable cause.  Since the defendant never gave blood or took a breath test, there would be nothing to prove her intoxication other than field sobriety tests… which clearly did not even exist.

We ended up accepting a plea bargain in this case, in which the defendant plead guilty to careless driving and took a very short license suspension.  Considering that an accident had taken place, her punishment could have been extreme.  We were very happy to get all DWI related charges dismissed and celebrate this victory.

Charged with DWI or Refusal in Newark NJ?

If you have been charged with drunk driving or refusing to take a breath test in Newark, New Jersey, contact us today for a free consultation. An attorney who regularly defends clients facing DWI and refusal charges in Newark is here to answer your questions and talk through your specific case. Just call (201)-556-1570 to learn more.


  • No promises, just a Pro!

  • Excellent Lawyer... Helped me in every step off my Case..

  • Great work

  • Best lawyer!!

  • FRO removal success!!

  • Easy to work with, straightforward

  • Kept my license

  • Father of client

  • Excellent Attorney , Charges Dismissed as promised

  • Helped every step of the way

  • Avoid mandatory jail time on shoplifting charges


  • Help

  • Did the job he was hired to do

  • Great lawyer

  • Simple assault charge was dropped

  • Top Notch Representation

  • Well worth it.

  • DUI Case Dismissed

  • 2 felony charges dismissed

  • Cameron bury

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

  • This field is for validation purposes and should be left unchanged.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

    view larger map

  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

    view larger map