Breath tests are an essential component of law enforcement efforts to combat driving under the influence of alcohol (DUI) in New Jersey. The state takes a strong stance against drunk driving and understanding these tests and their implications is crucial for anyone seeking to avoid DWI/DUI charges and their harsh penalties.
Under New Jersey’s implied consent laws, drivers are expected to comply with a breath test when requested by law enforcement during a traffic stop. New Jersey imposes strict penalties for individuals who are convicted of a DWI/DUI and who are found to have refused the breathalyzer test. If you have been charged with a DWI/DUI, getting the help of a skilled New Jersey DUI attorney is a crucial step in protecting your rights. Led by top-rated attorney Rachel Kugel, our team of experienced DWI/DUI attorneys at The Kugel Law Firm works diligently to provide quality legal representation to New Jersey residents who have been charged with impaired driving offenses, such as breathalyzer test refusal. Contact us today at (973) 854-0098 to schedule a free strategy session.
New Jersey laws prohibit anyone from operating a motor vehicle under the influence of alcohol, narcotics, and hallucinogenic or habit-producing drugs. The legal blood alcohol concentration (BAC) threshold for a driver is 0.08%. For commercial drivers operating commercial vehicles, the limit is 0.04%. Meanwhile, drivers under the age of 21 are held to a zero-tolerance policy when it comes to drunk driving.
New Jersey DWI laws enforce penalties based on the severity and frequency of offenses. Penalties can include fines, license suspension, installation of an ignition interlock device (IID), and even imprisonment. The penalties depend on the BAC of the offender and the number of prior offenses they have.
For instance, a first-time offender may face a fine between $250 and $400, along with a three-month license suspension or three-month ignition interlock requirement. Those with a BAC of 0.10% or higher face a fine between $300 and $500 and a license suspension of seven months or an ignition interlock requirement for 7 months. For motorists with a BAC at or above .15, even a first offense will require both a license revocation of four to six months and an ignition interlock requirement during that time and for 9-15 months thereafter. Subsequent offenses come with increased penalties, including longer license suspension periods and potential imprisonment.
What is the Implied Consent Law in New Jersey?
In New Jersey, any driver using the roads is deemed to have implicitly provided their consent to submit to a breathalyzer test when requested upon probable cause by law enforcement. This is referred to as the Implied Consent Law in New Jersey. If a driver refuses to submit to a breathalyzer test following a traffic stop made on suspicion of a DWI/DUI, this can result in additional charges and penalties if you are convicted of the DWI/DUI.
Refusal to take a breath test in New Jersey will typically result in a separate summons for the violation, in addition to any DWI charges the driver may face. The penalties for refusal vary depending on the number of prior offenses the driver has.
For first-time refusal offenders, the penalties include a fine between $300 and $500 and a suspension or ignition interlock device for 9-15 months. For second-time offenders, the penalties include a fine between $500 and $1,000, in addition to a 1-2 year license suspension as well as the installation of an ignition interlock device upon restoration for a period of 2-4 years. The penalties continue to increase for subsequent offenses, with the potential for significant fines, license suspension, and interlock installation requirements.
It’s worth noting that even if a driver refuses a breathalyzer test, law enforcement may in certain circumstances obtain a warrant to conduct a blood test to determine their BAC.
Breathalyzer tests offer a quick and non-invasive way to measure a person’s BAC by estimating the alcohol content in their breath. These devices work by analyzing the alcohol molecules in the exhaled air and converting that measurement to a BAC reading.
In New Jersey, law enforcement primarily uses the Alcotest 7110 MKIII-C, which combines infrared spectrometry and fuel cell technology. The device provides results that can be used as evidence in court against the driver, as long as the device was properly maintained and calibrated or tested and conditions of admissibility are met.
It’s essential for people in New Jersey to be aware of the state’s DWI laws and the consequences of refusing a breathalyzer test. For those who find themselves facing a breathalyzer test or DWI charges, understanding the relevant laws and their rights can make all the difference.
In the state of New Jersey, every driver faces a dilemma when confronted with a breathalyzer test during a traffic stop. Although the laws in New Jersey are stringent, you may be wondering if it is a good idea to refuse a breathalyzer test. Law enforcement officers themselves have to provide an explanation with a script provided by the New Jersey Attorney General and advise the driver of the potential consequences of refusing a breathalyzer test before administering it.
When a police officer stops you on suspicion of a DWI/DUI and requests you to answer questions or submit to physical and balance tests, you have the right to politely refuse. Here are some steps to follow:
It is important to understand that refusing tests does not mean you won’t be charged with a DUI. The officer may use other evidence, such as your behavior or appearance, to charge you. It does, however, mean the prosecution will not have the specific data as evidence against you.
Aside from telling the officer outright that you are refusing the breathalyzer test, the following actions can also be considered as refusal.
Deciding whether to refuse a breathalyzer test if you’re drunk is a complex issue and depends on several factors. If you’re confident you can pass the test, taking it might be your best option. However, if you’re uncertain about passing, you may wish to consider refusing the test.
Refusing a breathalyzer is legal, but it carries significant consequences under New Jersey’s implied consent laws. By holding a driver’s license in the state, you’ve already agreed to submit to such tests if suspected of driving under the influence.
There are pros and cons to both choices. Taking the test could result in immediate proof of intoxication if you fail, which could be used against you in court. On the other hand, refusing the test can lead to automatic penalties that can affect your driving privileges.
Ultimately, the decision to refuse a breathalyzer test should be made with an understanding of the potential immediate and long-term consequences. Consulting with a New Jersey DUI lawyer can provide personalized advice based on your specific situation.
Refusing a breathalyzer test is legal, but it comes with consequences as per New Jersey’s implied consent laws. When you obtain a driver’s license in the state, you implicitly agree to submit to a breath test if you are suspected of drunk driving.
If you refuse a breathalyzer test in New Jersey, you may face the following penalties:
Moreover, refusing a breathalyzer test exposes you to additional penalties under the New Jersey Motor Vehicle Commission (MVC) surcharge system. This includes annual surcharges during a specified number of years.
| Refusal Instances | Penalties |
|---|---|
| First-time refusal | Minimum fine of $300 to a maximum of $500, Ignition interlock device installed in your vehicle for 9 to 15 months OR driver’s license suspension for that time period |
| Second-time refusal | Fine ranging from $500 to $1,000, 1-2 year license suspension followed by an ignition interlock device installed in your vehicle for 2 to 4 years |
| Third-time refusal | $1,000 fine, Suspension of your license for 8 years followed by an ignition interlock device installed in your vehicle for 2-4 years |
The reasons for refusing a breath test might vary, but some common reasons include:
In New Jersey, refusing a breathalyzer has consequences, and drivers should weigh the pros and cons before deciding whether or not to accept or refuse the test. Consulting with a DUI attorney can help drivers navigate this complex decision and its potential legal ramifications.
One of the most critical decisions you might need to make when pulled over on suspicion of driving under the influence (DUI) is whether to submit to a breathalyzer test or not. Many people refuse the test in the hope that it will better their chances of avoiding a DUI conviction. However, refusing a breathalyzer test can lead to several immediate consequences.
When a police officer stops a driver on suspicion of DUI, the officer has the option of placing the driver under arrest based on their observed behavior, regardless of whether a breathalyzer test is provided. If the officer has enough evidence to support a DUI charge (e.g., slurred speech, unsteady gait, or the smell of alcohol on breath), they can do so even without breathalyzer results.
Defending against DWI charges in New Jersey can be difficult especially due to the fact that prosecutors are not allowed to plead down DWI/DUI charges. However, there are several strategies that a skilled DUI attorney can employ to possibly reduce or dismiss the charges.
There are several defense strategies that can be used to challenge breathalyzer test refusal charges. The following are some of the most common:
Challenging breathalyzer test refusal charges can be a complex and often confusing process. Having an experienced DUI attorney in New Jersey can be crucial to successfully defend against these charges. A DUI attorney can help by:
In conclusion, facing a breathalyzer test refusal charge can be incredibly stressful, but with the right legal representation, you can challenge those charges and potentially avoid the harsh penalties that come with a conviction. If you find yourself in this situation, consult a knowledgeable New Jersey DUI attorney to protect your rights and navigate the complicated legal process.
At the Kugel Law Firm, our team of experienced New Jersey DWI/DUI attorneys work diligently to provide quality legal services and representation in defending against breathalyzer refusal charges. If you have been charged with a DWI in New Jersey, our attorneys can conduct a comprehensive investigation of your case and establish a robust defense strategy. We can assist you in understanding your charges and in navigating the legal processes involved. Contact us today to schedule a free initial strategy session at (973) 854-0098.
