What Will Happen If I Refuse a Breathalyzer Test in New Jersey?

To learn what may happen to you if you refuse a breathalyzer test in New Jersey, continue reading and reach out to our experienced New Jersey criminal defense attorney for assistance.

What is the New Jersey breath test refusal law?

If you are stopped by law enforcement for suspicion of driving under the influence of alcohol, the officer will request a breath test. They should also tell you your rights if you submit to participate in a field sobriety test and take a breathalyzer test. When a driver receives their driver’s license in New Jersey, they give their implied consent to submit to chemical tests. In exchange for the privilege of driving, drivers agree to submit to chemical testing under “implied consent” which refers to an implicit agreement between drivers and the state of New Jersey. Chemical tests include breath, urine, and blood samples. Drivers are required to submit to a breathalyzer test under state law if they are arrested for a DUI offense.

What will happen if I refuse to submit to a breath test in New Jersey?

You will be charged for refusing to take a breathalyzer test when instructed to do so by law enforcement. Refusal to submit to a breath test in New jersey can include any of the following actions:

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

A breathalyzer test is not required for a driver to be convicted of driving under the influence. You may still be charged with driving under the influence as well as being charged with refusing to submit.

You also do not have the right to have an attorney present during the administration of a breathalyzer test in New Jersey.

If you have been charged for refusing to submit to a breathalyzer, you may be facing similar penalties as a DUI charge. This is why it is so important that you retain the services of a dedicated New Jersey criminal defense attorney who has experience handling such charges and penalties. Reach out to our firm today to learn more about our services and how our legal team will fight for your rights in court. Our legal team is prepared to fight for your rights in court.

Contact our experienced New Jersey firm

When someone is charged with a crime, they have a lot to consider. However, we understand that everyone makes mistakes, which is why we are here to help. No matter your circumstances, if you are facing criminal charges,Β contact the Law Offices of Michael A. PolicastroΒ today for the experienced legal counsel you deserve and need.