Can I Refuse a Breathalyzer Test?

If you are stopped under suspicions of drunk driving, a cop will request a breathalyzer test. Breathalyzer tests are a normal part of a cop’s routine when they suspect someone is drunk driving. If you are stopped by a cop, you may be wondering whether you can avoid a driving under the influence (DUI) charge by refusing a breathalyzer test.

Are You Required to Submit a Breathalyzer Test?

Implied consent laws dictate that drivers have implicitly consented to a breathalyzer test in exchange for the right to drive. If a cop suspects that you have been driving while under the influence of alcohol, you do not have to submit to a breathalyzer test. However, your refusal to take the test comes with consequences.

What Is a Breathalyzer Test?

A breathalyzer test is used to determine your blood alcohol concentration (BAC). For an adult driving a non-commercial vehicle, the BAC limit is 0.08. For drivers under the age of 21, the legal limit is 0.02. These tests can be used as an investigative tool to gain probable cause to arrest a person for an alcohol-related offense. Breathalyzer results give police officers probable cause to make a DUI arrest.

Consequences for Refusing to Take a Breathalyzer Test

In New Jersey, the consequences for refusing to take a breathalyzer test include the following:

  • First offense: Suspension of your license for a period of seven months along with a fine of $300 to $500.
  • Repeat DUI offenders: If you are a repeat offender, you will lose your license for two years, and will need to pay a fine of $500 to $1,000 if it is your second refusal.
  • Third time refusing a breathalyzer test: If you refuse a breathalyzer test for the third time, you will lose your license for ten years, and will need to pay a fine of $1000.

Consulting an Attorney

Sometimes, refusing to take a breathalyzer test can legally benefit you even though there are consequences. Agreeing to a breathalyzer test can increase evidence against you. If you have questions whether you should refuse a breathalyzer, it is best to speak to an experienced lawyer. Also, if you have a DUI charge, it is vital to seek legal representation.

South Jersey DUI Lawyers at Agre & St. John Represent Clients with DUI Charges

If you have a DUI charge, you need a knowledgeable lawyer who will fight hard for your rights. Our determined South Jersey DUI lawyers at Agre & St. John will evaluate your case and guide you in the right direction. Our experienced lawyers will fight tirelessly for your rights. Also, if you have questions about refusing a breathalyzer, our lawyers are here to help. Contact us online or call us at 856-428-7797 to schedule an initial consultation. Located in Haddonfield, New Jersey, we also serve clients in Burlington County, Camden County, Gloucester County, Salem County and throughout South Jersey.

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