When a law enforcement officer pulls over a driver on suspicion of driving while under the influence (DUI), they will likely request the driver to submit to a chemical test to determine their blood alcohol concentration (BAC). The question of whether you should refuse the breathalyzer test may arise. Many people refuse the test in the hope that it will improve their chances of avoiding a DUI conviction. However, it’s essential to understand that a refusal can lead to several immediate consequences. Please continue reading to learn about New Jersey’s Implied Consent laws and how our skilled Bergen County DUI Attorneys can effectively defend your rights.
What Are Implied Consent Laws?
Under New Jersey law, motorists are prohibited from operating a motor vehicle under the influence of alcohol or drugs. The legal BAC threshold is 0.08%. For commercial drivers, the limit is 0.04%, and drivers under the age of 21 are held to a zero-tolerance policy.
It’s important to understand that any individual who accepts the privilege to drive in the state of New Jersey implicitly consents to submit to a breath test if suspected of driving while impaired. This is referred to as Implied Consent. This serves as a legal agreement, ultimately binding drivers to submit to testing in the event they are arrested on a DWI. Testing can include breath, urine, or blood samples.
If a driver refuses to submit to a breathalyzer test following a traffic stop made upon probable cause by law enforcement on suspicion of DUI, this can result in additional charges and penalties if you are convicted. It is important to understand, however, that law enforcement is required to provide an official statement that explains your rights. However, you do not have the right to have an attorney present when the breathalyzer test is being executed. This is because it is considered a non-testimony physical action.
What Are the Potential Penalties for Refusing a Breathalyzer Test?
If you refuse to submit to a chemical breath test or breathalyzer in New Jersey, you will face an array of harsh penalties. Under state law, a refusal does not have to be an explicit “no.” Refusal to submit can be legally implied through any of the following actions:
- An explicit refusal
- Silence
- A response that is ambiguous or conditional
- Any response that does not explicitly agree to a breathalyzer operator’s instructions
It’s also important to note that refusing a chemical test does not prevent you from being charged with a DWI. As such, if you refuse, you may be charged with both refusal to submit to a breath test and a standard DWI offense.
The severity of your penalties will depend on the number of prior offenses you have. For a first offense, you can face fines between $300 and $500, a $100 Drunk Driving Enforcement Fund (DDEF) fee, a driver’s license suspension until an ignition interlock device (IID) is installed, 12 to 48 hours at the Intoxicated Driver Resource Center (IDRC), up to 30 days in jail, and mandatory use of an IID between 9 and 15 months.
If you are a repeat offender, a second offense can result in license revocation for up to 2 years. With a third refusal, you risk losing your license for up to 8 years. It’s important to note that for both second and third offenses, you may have to use an IID in your vehicle for up to 4 years after restoring your driver’s license.
Contact an Experienced Bergen County Criminal Defense Attorney
Given the potential consequences, it’s in your best interest to enlist the help of an experienced Bergen County DUI attorney who can help establish a robust defense strategy in Hackensack, Paramus, Teaneck, and the surrounding communities. At The Law Office of Carl Spector, our firm has the experience necessary to help you fight for the best possible outcome for your unique circumstances. When you need help, our team will examine all potential avenues to defend you from the charges you face. We are prepared to help you navigate this legal process and fight to protect your future. Contact us today for a free, confidential consultation.