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Can I Refuse a Breathalyzer Test?

On Behalf of | Aug 11, 2020 | Drug Crimes, Firm News

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Maybe you had one too many at a friend’s party and you’re swerving as you drive. A cop pulls you over, and eventually asks you to take a breathalyzer test. Are you allowed to say no? What happens if you do?
The truth is, if you refuse a breathalyzer test, there can be very serious consequences for doing so. In the state of New Jersey, if the court finds you guilty of refusing to be tested, you can have your license revoked for a period no less than 7 months and can be fined anywhere between $300 to $2,000.

What is “Implied Consent?”

In the New Jersey, there is what is known “implied consent.” This means that if you have a New Jersey driver’s license, you have consented to taking a breathalyzer in exchange for the privilege of having a driver’s license. Refusing to do so results the aforementioned revoking of license and fine.

In court, is is much easier to challenge a field sobriety test or breathalyzer than it is to challenge the refusal of the breathalyzer, and is better if you don’t refuse to begin with. The administrator of the test read you a standard statement of your rights if you refuse to take the test. No number of excuses for refusal will hold up in court, including any medical reasoning.

How Can I Challenge a Breath Test Refusal Charge?

If you were charged with breath test refusal, you may be able to challenge the charge by looking into whether or not the police officer who pulled you over had probable cause to do so. This probable cause extends to both the initial traffic stop and the DUI arrest. A skilled criminal defense attorney will be able to investigate the details of why you were pulled over to determine whether or not the police officer had probable cause.

Contact an Experienced Burlington Township DWI Defense Attorney About Your Drunk Driving Charges in New Jersey

Have you been charged with a DWI or DUI offense in New Jersey? A drunk driving conviction could leave you with a permanent record, and it could result in your driver’s license being suspended for a very long time. That is why it is imperative that you speak with a qualified DWI defense lawyer about your case. The Law Office of Stephen R. Piper, LLC represent clients charged with drunk driving, breath test refusal, and related offenses in Evesham Township, Mount Laurel, Maple Shade, Burlington Township, and throughout New Jersey. Call 856-333-3586 or fill out our confidential online contact form to schedule a free consultation about your case.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.