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A breathalyzer device next to a full mug of beer and car keys on a white background, representing the connection between alcohol consumption and driving. This setup highlights the importance of breathalyzer test validity in ensuring

The Consequences of Refusing a Breath Test in New Jersey

If you have refused a breath test in New Jersey, you can expect to face serious consequences. Continue reading to learn more and reach out to our firm today to speak with an experienced Bergen County DWI attorney. Our legal team is on your side.

What is New Jersey’s breath test refusal law?

It is important to recognize that those who have acquired a driver’s license in New Jersey will be mandated to provide their implied consent to submit chemical tests. Essentially, in exchange for the privilege to drive, motorists consent to submit to chemical testing under “implied consent” which connects to an agreement between drivers and the state of New Jersey. Keep in mind that 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 DWI offense.

You will likely be requested to submit a breath test if you are stopped by law enforcement for suspicion of driving under the influence of alcohol. It is essential to note that in this situation, law enforcement will need to demonstrate your rights if you partake in a field sobriety test and a breathalyzer test.

What are the consequences of refusing to submit a breath test?

If you refused to take a breath test after being asked by a law enforcement officer, you will likely encounter serious penalties. In the state of New Jersey, the refusal to submit to a breath test can be presented through any of the following actions:

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

You will want 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 while also being charged with a refusal to submit a breath test.

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

It is in your best interest to reach out to our firm today if you have questions or concerns about the refusal of a breath test and how our legal team can best serve you. Contact us today to speak with a skilled Bergen County criminal defense attorney. We are just one call away.


Kevin T. Conway is an experienced Bergen County criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need an aggressive criminal lawyer, contact The Law Office of Kevin T. Conway for a free consultation.

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