What Are the Consequences of Refusing a Breathalyzer Test?

The consequences of a refusal to take a breathalyzer test can be just as severe as a DWI charge. If you were charged, do not wait to reach out to our firm today to speak with our skilled New Jersey criminal defense attorneys about the specifics of your case and your options.

What is the New Jersey breath test refusal law?

In the state of New Jersey, those who receive their driver’s license will need to provide their implied consent to submit to chemical tests. In trade for the right to drive, drivers agree to submit to chemical testing under “implied consent” which relates to an agreement between drivers and New Jersey. Chemical tests include breath, urine, and blood samples. Drivers are obligated to submit to a breathalyzer test under state law if they are arrested for a DWI offense.

If you are caught by a police officer with suspicion of driving while under the influence of alcohol, you will likely be asked to take a breath test. It is important 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 can happen if I refuse to submit to a breath test in New Jersey?

If you refuse to take a breathalyzer test after being told to by a law enforcement officer, you will be charged with penalties. Refusal to submit to a breath test in New Jersey can be implied through any of the following:

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

It is important 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 in addition to being charged with a refusal to submit a breath test.

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

If you were charged with a failure to submit to a breathalyzer test, you will likely be facing similar penalties as a DWI charge. That is why it is so crucial that you retain the services of a skilled New Jersey criminal defense attorney who is equipped with the experience and knowledge necessary to handle these charges and penalties. 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 future in court. Our dedicated legal team is ready to help- all you have to do is ask.

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.