Refusal to Submit to a Breath Test
Available 24 Hours a Day. 7 Days a Week
New Jersey drivers are required to take a Breathalyzer test if they are pulled over by a police officer who has reason to suspect them of driving while under the influence of drugs or alcohol (DUI or DWI). In fact, when you happily took possession of your New Jersey driver’s license, you automatically agreed to take this test should a law enforcement officer ever request it. This is known as “implied consent” and it means that refusing to submit to a Breathalyzer test may result in the same loss of driving privileges you would suffer if convicted of DUI charges.
If you are pulled over by a New Jersey law enforcement officer who observed you behaving in a manner that caused them to suspect that you were driving while intoxicated (DWI), it is likely you will be asked to step out of the car. At that point, the officer may require you to perform some field sobriety tests. If the officer’s suspicions are confirmed by your behavior and by the result of those tests, you may arrested and charged with suspected DUI. You may then be brought to the police station, where you will be given a Breathalyzer test (formally called the Alcotest in New Jersey).
You must, by New Jersey law, blow into the Alcotest so that a certified operator of the machine can determine your BAC (blood alcohol concentration.) If you refuse to take the test — perhaps you wrongly believe that you may get out of the charges if time passes before they can take your BAC level — you will face additional refusal to submit to a Breathalyzer charges, on top of the original DWI charges.
If you are facing these charges in Elizabeth, Plainfield, Linden, or anywhere else in Union County, NJ, it is imperative that you contact an experienced New Jersey DUI attorney right away. The attorneys at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC have worked with many clients who found themselves in this situation because of confusion around the law. Maybe you thought that you had an option to refuse the Alcotest and the facts weren’t explained properly to you. Our lawyers understand the complexities of refusal charges and know how to position you for the best possible outcome. It is possible to beat these charges, but only with a talented criminal defense attorney who has experience in this specific area of DUI law.
In many NJ refusal to submit cases, the individual mistakenly believes that he or she is protected by Miranda rights. Miranda rights allow you to have an attorney present in certain situations. However, they do not apply to Breathalyzer tests. It’s relatively obvious why Miranda rights do not apply in this situation: delaying a breathalyzer test to wait for the individual’s attorney would result in a decreased blood alcohol level by the time that the attorney arrived on the scene.
Penalties for Refusal in New Jersey:
Refusal charges can be beaten. The Jon Bramnick legal team will fight hard on your behalf. We have many lawyers who are former prosecutors and who know how to best negotiate with the State in a Breath Test Refusal case. The DWI defense lawyers at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC can defense you against these charges.
The experienced and successful legal team at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC will fight hard to defend you against your DUI charges. Don’t let your silence or confusion be misconstrued as refusal. If you’ve been charged with refusing to submit to a breathalyzer, contact us for a free consultation.