Breathalyzer Test Refusal Consequences in New Jersey

If you were charged with a refusal to submit a breathalyzer test, continue reading and reach out to our firm today to speak with one of our Bergen County DUI attorneys. We are on your side.

What is New Jersey’s breathalyzer test refusal law?

Those who obtain a driver’s license in New Jersey will be required to give their implied consent to submit chemical tests. In exchange for the privilege to drive, motorists consent to submit to chemical testing under “implied consent” which connects to an agreement between drivers and New Jersey. To be clear, chemical tests include breath, urine, and blood samples. Drivers are bound to submit to a breathalyzer test under state law in the event that they are arrested for a DWI offense.

You will likely be asked to submit a breath test if you are pulled over for suspicion of driving under the influence of alcohol. It is critical to note that in this situation, law enforcement will need to explain your rights if you participate in a field sobriety test and a breathalyzer test.

What are the consequences of refusing to submit a breath test?

You can expect to face penalties for a refusal to take a breathalyzer test after being told to by a law enforcement officer. In New Jersey, the refusal to submit to a breath test can be suggested through any of the following actions:

  • Silence
  • A response that is ambiguous or conditions
  • Any response that does not explicitly agree to a breathalyzer
  • An explicit refusal

It is critical to note that even if you do not submit a breathalyzer test, you can still be charged with driving under the influence of alcohol. You can be charged with a DWI while also being charged with a refusal to submit a breath test.

Also, keep in mind that you do not have the right to have an attorney present during the execution of a breathalyzer test in New Jersey.

Do not wait to reach out to our firm today to learn more about our services and how our legal team can fight for your rights if you were charged with refusal to submit a breath test. Our legal team is on your side.

Contact our Firm

If you are facing criminal charges in New Jersey, you need strong legal defense. Contact the Law Office of Carl Spector for dedicated representation. With over 30 years of experience as both a prosecutor and criminal defense attorney, he offers a unique perspective on how both sides think, and how to best approach each aspect of the case. When your future is on the line, don’t settle for less than the best possible legal representation. Contact an experienced New Jersey criminal defense attorney who will aggressively fight for you. Call today for a free confidential consultation. Let our experience work for you.

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