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 DWI Laws
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, mandatory use of an ignition interlock device (IID), license suspension, and even imprisonment. The consequences depend on the driver’s BAC and any prior offenses on record.
For example, a first-time offender with a BAC between 0.08% and 0.10% may face a fine between $250 and $400 and must install an ignition interlock device for three months. If the BAC is between 0.10% and 0.15%, the fine increases to $300 to $500, and the IID requirement extends to seven to twelve months. For motorists with a BAC at or above 0.15%, even a first offense results in a license suspension of four to six months, followed by an ignition interlock requirement during the suspension period and for an additional nine to fifteen months after license reinstatement.
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, a license revocation of 7 to 12 months, and the installation of an ignition interlock device (IID) during the suspension and for an additional 6 to 12 months following license restoration. For second-time offenders, the penalties increase to a fine between $500 and $1,000, a 1 to 2-year license revocation, and an IID requirement for 1 to 3 years after restoration. Subsequent offenses carry even more severe consequences, including higher fines, a license revocation period of up to 8 years, and a prolonged IID requirement.
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.
How Breathalyzer Tests Work
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.
Refusing a Breathalyzer Test in New Jersey
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. Before administering the test, law enforcement officers are required to read a Standard Statement for Motor Vehicle Operators, as issued by the New Jersey Attorney General, to inform the driver of the legal obligation to comply and the penalties for refusal.
How to Conduct Yourself When Stopped for DWI/DUI
When stopped on suspicion of driving while intoxicated (DWI), it is important to remain calm and understand your rights. While field sobriety tests, such as walking in a straight line or standing on one leg, are voluntary, chemical breath tests are not under New Jersey law.
- Remain calm and polite during the entire interaction with the officer.
- Clearly inform the officer that you will not be taking field sobriety tests. It is essential to be firm but polite.
- Do not argue or resist the officer’s subsequent actions, such as handcuffing or placing you under arrest. Resisting may lead to additional charges.
- If you’re placed under arrest, exercise your right to remain silent until you’ve consulted with a lawyer.
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.
What Actions Can Be Considered as Refusal
Aside from telling the officer outright that you are refusing the breathalyzer test, the following actions can also be considered as refusal.
- Not responding or remaining silent when asked: If a person doesn’t express a willingness to take a breath test, their silence is generally seen as a refusal. It’s important to note that a person’s right to remain silent doesn’t apply to questions about breath tests.
- Providing short samples: Even if someone consents to a breath test, providing a small sample or intentionally blowing less than required can result in a refusal charge. It’s also possible that someone may not be able to blow with sufficient volume for a valid reading.
- Delaying the test: If someone deliberately delays or stalls the administration of a breath test, it can be interpreted as a refusal. The Supreme Court of New Jersey has stated that someone suspected of drunk driving has no right to delay breath testing.
- Conditional Consent: Anything other than an unambiguous and unconditional agreement to take a breath test may be seen as a refusal. This includes responses such as “if…”, “can you tell me…”, or anything else that is not a clear and unconditional “yes” to taking the test.
What Are the Consequences of Refusing a Breathalyzer Test in NJ?
Refusing a breathalyzer test in New Jersey results in mandatory license suspension of 7 to 12 months for a first offense, plus fines starting at $300. Repeat offenses increase suspension time and fines. Refusal also leads to ignition interlock requirements and is treated similarly to a DUI conviction.
Is It Better to Refuse a Breathalyzer If You’re Drunk?
Deciding whether to refuse a breathalyzer test if you’re drunk is a tricky 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. Holding a driver’s license in the state means agreeing 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.
Legality of Refusing a Breathalyzer Test
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:
- First-time refusal: A minimum fine of $300 to a maximum of $500, an ignition interlock device installed in your vehicle for 9 to 15 months, or driver’s license suspension for that time period.
- Second-time refusal: A fine ranging from $500 to $1,000, a 1-2 year license suspension, followed by an ignition interlock device installed in your vehicle for 2 to 4 years.
- Third-time refusal: A $1,000 fine, a suspension of your license for 8 years, followed by an ignition interlock device installed in your vehicle for 2-4 years.
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 |
Common Reasons for Refusal
The reasons for refusing a breath test might vary, but some common reasons include:
- Fear of inaccurate results: Breathalyzer devices can produce false readings due to improper calibration, medical conditions, or other factors. This may lead drivers to question the accuracy of the test and prefer to refuse.
- Lack of trust in the police: Some drivers might not trust the police officer administering the test or the motives of the officer requesting the test.
- Panic: Being pulled over and accused of drunk driving can be a stressful and nerve-wracking experience for the driver, leading to a panic-driven refusal.
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 make an informed decision with consideration of potential legal ramifications.
Immediate Consequences of Refusing a Breathalyzer Test
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.
Observational DUI Charges vs. Breathalyzer Test Refusal
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.
Will Breathalyzer Refusal Stay on Your Record in New Jersey?
When a driver in New Jersey refuses to submit to a breathalyzer test, it triggers significant legal consequences under the state’s implied consent law, codified at N.J.S.A. 39:4-50.4(a). One critical aspect often overlooked is the lasting impact of such a refusal on a person’s driving record.
Refusing a breathalyzer in New Jersey is considered a traffic violation, not a criminal offense. However, this doesn’t mean the repercussions are minor. A conviction for breathalyzer refusal is permanently recorded on your driving abstract, which is the official record maintained by the New Jersey Motor Vehicle Commission. Unlike criminal records that may be eligible for expungement under certain conditions, entries on a driving abstract, such as refusal convictions, remain indefinitely and can affect future legal outcomes and insurance assessments.
Financially, the impact extends beyond the initial fines, which can range from $300 to $1,000 depending on the number of prior offenses. New Jersey also imposes a mandatory surcharge of $1,000 per year for three years following a refusal conviction. This surcharge is in addition to any increase in auto insurance premiums, which typically spike due to the perceived higher risk associated with refusal convictions.
It’s important to note that while refusing a breathalyzer test does not lead to jail time, the absence of incarceration doesn’t mitigate the other substantial penalties and inconveniences. The license suspension associated with a refusal can severely restrict a person’s ability to work, attend educational institutions, or fulfill family obligations. Given these conditions, the decision to refuse a breath test can have long-term implications that extend well beyond the courtroom.
Thus, while a refusal doesn’t stain one’s criminal record, it imposes a significant burden through financial penalties and a lasting mark on one’s driving history. These outcomes highlight the importance of fully understanding the legal and practical effects of refusing a breathalyzer test in New Jersey.
Challenging Breathalyzer Test Refusal Charges
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.
Common Defense Strategies
There are several defense strategies that can be used to challenge breathalyzer test refusal charges. The following are some of the most common:
- Invalid Arrest or Traffic Stop: The first step to challenging a breathalyzer test refusal charge is to determine if there were any procedural errors during the arrest or traffic stop. If law enforcement did not have probable cause for stopping your vehicle or arresting you on DUI suspicions, your attorney can argue that any subsequent actions or charges are invalid. Examples of potential errors include an officer not informing you of the consequences of refusing a breathalyzer test, or not having a valid reason for stopping your vehicle in the first place.
- Improper Administration of the Test: There are strict guidelines for administering breathalyzer tests, and improper administration can affect the reliability of test results. This can also apply to test refusal charges—your attorney may challenge the charge by raising questions about the calibration of the testing device, the officer’s training on using the breathalyzer, or other potential issues that could have affected the test. If the breathalyzer test was not administered properly, it may be possible to have the refusal charge dismissed.
- Medical Conditions Affecting Test Results: There are instances when a person’s medical condition may affect the accuracy of a breathalyzer test or create difficulties in providing a breath sample. For example, individuals with asthma, emphysema, or other respiratory issues may not be physically capable of producing a sufficient breath sample for testing. If you have a medical condition that may have affected the results or your ability to take the test, your attorney can argue that the refusal charge is unjustified.
Can a Refusal to Take a Breathalyzer Test Be Used as Evidence in a Future DWI Case?
A refusal to take a breathalyzer test can be used as evidence in a future DWI case. Many states allow prosecutors to present the refusal as proof of consciousness of guilt. It may also lead to automatic license suspension under implied consent laws, even if the DWI charge is not proven.
Why Working With an Experienced New Jersey DWI/DUI Attorney is Essential
Having an experienced DUI attorney in New Jersey can be crucial to successfully defend against refusal charges. A DUI attorney can help by:
- Reviewing your case thoroughly to determine if any procedural errors occurred during your arrest, traffic stop, or administration of the breathalyzer test.
- Developing a strong defense strategy based on the unique circumstances of your case.
- Negotiating with the prosecution for alternative sentencing options.
- Representing you throughout the court process and advocating for your rights and interests at every stage.
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.
