[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/can-i-refuse-a-breathalyzer-test-in-new-jersey\/#Article","mainEntityOfPage":"https:\/\/staging-dmlawyer2.wordkeeper.net\/can-i-refuse-a-breathalyzer-test-in-new-jersey\/","headline":"Can I Refuse a Breathalyzer Test in New Jersey?","name":"Can I Refuse a Breathalyzer Test in New Jersey?","description":"When you are pulled over for suspicion of drunk driving in New Jersey, the law enforcement agency may take some steps to determine whether you are in fact intoxicated. One of these measures is to administer a Breathalyzer test. You might be tempted to refuse. However, you should carefully consider the consequences you might face… Continue reading Can I Refuse a Breathalyzer Test in New Jersey?<\/span><\/a>","datePublished":"2023-11-13","dateModified":"2023-11-08","author":{"@type":"Person","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/dmlawyer\/#Person","name":"Dan T. Matrafajlo","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/dmlawyer\/","identifier":1,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/4cd7921c278b5fce01aa11ff8757760e046d90270e00964f697cbd173dee30a0?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4cd7921c278b5fce01aa11ff8757760e046d90270e00964f697cbd173dee30a0?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Beninato & Matrafajlo Attorneys Law LLC.","logo":{"@type":"ImageObject","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2021\/04\/logo.png","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2021\/04\/logo.png","width":366,"height":74}},"image":{"@type":"ImageObject","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2023\/01\/DWI-Lawyer.jpg","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2023\/01\/DWI-Lawyer.jpg","height":1061,"width":1600},"url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/can-i-refuse-a-breathalyzer-test-in-new-jersey\/","about":["DWI"],"wordCount":527,"articleBody":"When you are pulled over for suspicion of drunk driving in New Jersey, the law enforcement agency may take some steps to determine whether you are in fact intoxicated. One of these measures is to administer a Breathalyzer test. You might be tempted to refuse. However, you should carefully consider the consequences you might face for refusing a Breathalyzer test.Regardless of what happens at your driving while intoxicated (DWI) arrest, you should immediately hire an experienced New Jersey drunk driving attorney to handle your case. A skilled attorney will know what steps to take and strategies to use to protect your legal rights and increase your chances of getting the charges dismissed or reduced.Your Rights to Refuse a New Jersey Breathalyzer TestNew Jersey law (NJSA 39:4-50.2) mandates all motorists to submit to an alcohol test upon request by law enforcement. If you refuse a breathalyzer test, it will not necessarily avoid a drunk driving charge. Rather, a refusal can result in additional consequences and even criminal penalties.While New Jersey law does not permit law enforcement to administer a breathalyzer test (including a chemical test or collecting urine sample), it will enforce consequences on the driver who refuses the request.As such, although you can legally refuse a breath test, you do not have the legal right to do so. New Jersey law requires all motorists to submit a breathalyzer if requested by law enforcement.Different Ways of Refusing a Breath TestYou don\u2019t have to say no flat out refuse a breath test. Other actions you take can equate a constructive refusal of a breathalyzer, including:\u2022 Remaining silent when asked to take a breathalyzer\u2022 Showing unwillingness to physically take the test\u2022 Purposefully manipulating the test by performing a \u201cfake\u201d blow (short sample)\u2022 Stalling or delaying the test\u2022 Failing to be affirmative with your answer (anything other than \u201cI will\u201d or \u201cyes\u201d)\u2022 Making your breath test conditionalPenalties for Refusing a New Jersey Breath TestThere are penalties for refusing a Breathalyzer test in New Jersey. The consequences increase for each subsequent offense, as outlined below:\u2022 1st Offense:\u25e6 $300 to $500 fine\u25e6 Suspension of driver\u2019s license until you install an ignition interlock device (IID), which requires you to test the level of alcohol prior to driving\u25e6 Minimum of 6 hours per day for two consecutive days in an Intoxicated Driver Resource Center (IDRC) to receive education for drunk driving\u2022 2nd Offense:\u25e6 $500 to $1,000 fine\u25e6 One to two year license suspension following installation of an IID in your car\u25e6 Minimum of 48 hours of consecutively in detainment in an IDRC\u25e6 Mandatory community service\u25e6 Jail term of between two and 90 days\u2022 3rd Offense:\u25e6 $1,000 fine\u25e6 One to two year license suspension following installation of an IID in your car\u25e6 Attend alcohol education program and additional alcohol counseling at IDRC\u25e6 Jail term of 180 daysContact Us Today!If you have been arrested for drunk driving, you should discuss your case, including any potential meritorious motions to suppress, with an experienced New Jersey DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Can I Refuse a Breathalyzer Test in New Jersey?","item":"https:\/\/staging-dmlawyer2.wordkeeper.net\/can-i-refuse-a-breathalyzer-test-in-new-jersey\/#breadcrumbitem"}]}]