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Breathalyzer Laws in New Jersey

We’ve talked about tips to avoid a DUI before, as well as what to do about a DUI conviction. But what about breathalyzer laws in New Jersey? If you get pulled over and an officer wants you to take a breathalyzer test, what can you do? Can you say no? Will anything bad happen if you say no? As always, it’s vital to stay informed. That’s why we do this blog. So, this week we’ll discuss breathalyzer laws in New Jersey.

Breathalyzer Laws in New Jersey: Saying No

First, let’s address the basic question of this blog: can you say no to a breathalyzer in New Jersey? Unfortunately, a simple yes or no won’t suffice. Can you refuse it? Technically, yes. Can you refuse it and avoid consequences? No.

Why? Because New Jersey is an implied consent state. This means that when you get your license, you automatically consent to these tests. Chemical tests include:

  • Blood samples
  • Breath samples
  • Urine samples

So, because you have already consented to submit to these tests, refusing to do so will carry consequences.

Breathalyzer Laws in New Jersey: Consequences

Second, what happens if you refuse? A refusal isn’t just explicitly saying no. An unclear answer or even silence may be taken as a refusal. Therefore, you face the following penalties:

  • 1st offense: $300 to $500 fine, license suspension of 7 months to 1 year
  • 2nd offense: $500 to $1,000 fine, license suspension of 2 years
  • 3rd offense: $1,000 fine, licenses suspension of 10 years

In addition, you’ll have to get an ignition interlock device installed, your car insurance rates will increase, and you will be required to pay money to the Drunk Driving Enforcement Fund.

Other Information

Third, since a breathalyzer is not required to convict a person of a DUI, you might still be convicted on top of everything else. Furthermore, the officer does not have to issue a Miranda Warning to administer a breathalyzer. And you don’t have the right to an attorney prior to a breathalyzer. According to breathalyzer laws in New Jersey, you will be treated as having refused if you demand for an attorney to be present.

What to Do About Breathalyzer Laws in New Jersey

Finally, hopefully this information can help you in the future. However, if you already face DUI charges, then you need a strong defense attorney. Contact the Offices of Mark Catanzaro today! With over 30 years of experience, he’s the lawyer you need to defend your case!


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