New Jersey Refusal Law
When you receive your driver’s license in New Jersey, you give your implied consent to submit to chemical tests. “Implied consent” refers to an implicit agreement between New Jersey drivers and the State in which drivers agree to submit to chemical tests in exchange for the privilege of driving. Chemical tests can include providing blood, breath or urine samples. Therefore, if you are arrested for a DUI offense, you are required by law to submit to a breathalyzer test. You cannot refuse. You cannot ask for a lawyer first. You must submit to the test. It is not the same as you see on TV.
Refusal to Submit
If you refuse to take a breathalyzer test when ordered to do so by law enforcement, you will be charged for refusing. Refusing to submit can include: a response that is ambiguous or conditional; an explicit refusal or silence. In other words, by not explicitly agreeing to a breathalyzer, a person is refusing.
In addition to being charged with refusing to submit, you may still be charged with driving under the influence. A breathalyzer test result is not required to convict you of driving the influence. They can convict you based solely on observations. Please remember this!
Refusal v. Miranda
At present, Miranda rights do not apply to the administration of a breathalyzer test. Miranda warnings advise you of your right to have an attorney present. Frequently, confusion exists as to whether a person has a right to an attorney during a breathalyzer test. There is no right to have an attorney present during the administration of a breathalyzer test in New Jersey.
A charge for refusing to submit to a breathalyzer is serious. A conviction will carry the same penalties as a DUI conviction.
Before the administration of a breathalyzer test, police officers are required to advise you of the penalties for refusing to submit.
What Should I Do If I Have Been Charged with Refusing to Take a Breathalyzer Test?
If you have been charged for refusing to submit to a breathalyzer or any other DUI offense, attorney Andrew Prince of Team Law can assist you in your defense. Contact me to schedule a free consultation. If you would like additional information, please call Andrew S. Prince, Esq. at (800) TEAM-LAW or (800) 832-6529 for help.
Andrew S. Prince, Esq.
136 Central Avenue
Clark, NJ 07066
1 (800) 832-6529
(732) 388-8711 — Fax
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