What Happens if I Refuse a Breathalyzer in New Jersey?

When a driver is pulled over for a traffic stop the police officer is going to use all of their senses to evaluate the situation. If the driver has the smell of alcohol on their breath or in their car, has red or hazy eyes, or is slurring or stuttering, the officer may infer that they are intoxicated. Cops will typically administer field sobriety tests as well as a breathalyzer test to get a read on the state of the driver. But what would happen if the driver were to refuse to take the breathalyzer test? Continue reading for more information on the penalties associated with refusing a breath test and speak with a Bergen County DWI attorney to discuss your options.

What is a Breathalyzer?

A breathalyzer is a diagnostic device that law enforcement officers often use to measure the amount of alcohol in a person’s breath. It can be a tool useful in determining how intoxicated a driver is and whether or not they are over the legal blood alcohol limit to operate a motor vehicle. The device requires the driver to blow air into a tube. It has a screen where a reading of the person’s BAC (blood alcohol content) will appear. Any reading over 0.08 (or 0.01 for drivers under the age of 21) can result in the driver being arrested and charged with a DWI.

What is Implied Consent?

Implied consent exists under New Jersey state law. This law means that by driving a motor vehicle on a public road, the driver has given implied consent to submit to a breathalyzer or chemical test if a police officer requests one. Despite implied consent laws a driver may refuse to give a breath sample. However, there will be consequences.

What is a DWI Refusal?

Refusing to submit to a breathalyzer test when asked by a New Jersey law enforcement officer is a crime. You can be charged with refusing a breathalyzer in a few ways.

1. Saying no. Outright stating your refusal is the most obvious way that you can be guilty of a DWI refusal.
2. Silence. You do not legally have to answer certain questions from the officer or do anything besides presenting your license and registration and stepping out of the vehicle if you are asked to. However, your right to remain silent does not apply to the officer’s request for a breath sample.
3. Weak or insufficient samples. If you purposefully blow weakly or for only a short time in an effort to get a lower reading it can be considered a refusal. Only giving one sample when the officers are required to collect two could also count as a refusal.

What Are the Penalties if I Refuse a Breathalyzer in NJ?

The penalties for refusing to submit to a breath test in New Jersey can be severe. Besides the penalties associated with a DWI, a refusal can result in:

• License suspension of up to 1 year
• Fines ranging from $300 to $500
• Mandatory two-day attendance in an Intoxicated Driver Resource Center

Obtain help from a skilled DWI attorney for more information and legal counsel.