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Refusing a Breathalyzer Test in New Jersey

refusing a breath testRefusing to submit to a breath test in New Jersey is typically a bad idea. New Jersey has an implied consent law, which essentially means that you give your consent to submit to a breathalyzer test by virtue of having a NJ driver’s license. Thus, the law requires you to submit to a blood alcohol test when you are arrested for suspected Driving While Under the Influence of alcohol or drugs (DUI). A police officer cannot force you to take the test at the time of your arrest, but your refusal comes with potentially harsh consequences.

What Happens When You Refuse

In order to administer the breath test, the officer must receive clear and explicit permission from you. If you refuse to answer when asked to submit or attach any type of conditions to your participation, this can be viewed as a refusal. Bear in mind that an officer doesn’t need a breath test result on the scene to arrest you for a DUI. So refusing to participate will not prevent a DUI arrest, but will probably lead to you being issued both a DUI and Refusal charge.  The penalties on a conviction for Refusal are similar to those for a DUI, and can include suspension of your driving privileges, participation in an Intoxicated Driver Resource Center program and hefty fees and fines that can run in the thousands of dollars.

Can You Beat a Refusal Charge?

This largely depends on the facts of your case. A successful defense to a refusal charge could hinge on proving that the police officer did not have probable cause to stop you and subsequently request the breathalyzer. In other cases, if there is a clear language barrier, it may be possible to prove that you didn’t understand your rights when they were read to you as required by law when the alleged refusal occurred. Thus, there are possible scenarios where a refusal charge is unwarranted. An experienced DUI attorney can assist in formulating defensive strategies to this charge.

How We Can Help

The Reinartz Law Firm is experienced in defending against a variety of DUI and Refusal charges in the municipal courts of New Jersey. If you have received a Refusal and/or DUI charge, contact us today for a free and confidential consultation and case review.