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What is New Jersey’s Implied Consent Law Regarding Breathalyzer Tests?

On Behalf of | Aug 2, 2021 | DUI

Due to Coronavirus (COVID-19) restrictions easing, New Jersey and other areas throughout the United States are seeing more crowds, which also means more festivities, parties, and celebrations. On some nights, drunk drivers will be on the road. In New Jersey, the legal blood alcohol content (BAC) level is 0.08 percent. Typically, a person’s BAC level rises by 0.02 percent with each drink, but this can vary by gender and body weight.

Drinking can result in increased confidence, but it impairs decision-making abilities. This is a main problem when it comes to deciding whether or not to take a breathalyzer test.

There is the concept of implied consent, where a person has already consented to a lawful stop and sobriety test simply by the act of driving. Refusal can include silence, too few or too little breath samples, conditional refusal, or delay, like when asking to speak to a lawyer.

Some motorists exceed the legal BAC limit or have a history of impaired driving. Refusing a breathalyzer test is a poor decision. New Jersey mandates installation of ignition interlock devices in cars owned by offenders.

Are Breathalyzers Accurate?

Breathalyzers are not perfect, but modern breathalyzers are fairly accurate. An error on a breathalyzer test can be caused by the following:

  • Poor calibration and maintenance of the device.
  • Radio interference with the device.
  • Health issues, gastroesophageal reflux disease (GERD) can cause a small amount of alcohol consumption to test higher.
  • Chemical exposure because the test actually measures alcohol in the air.

These factors may be relevant, but it is safer to assume that the test is not flawed. Only an experienced lawyer can evaluate particular facts to determine if a challenge to the breathalyzer test is appropriate. It is best to assume that the test is accurate. Impaired driving by alcohol consumption leaves the motorist with limited options.

How can I Find Out My Legal Options?

If one receives a driving under the influence (DUI) charge, they should speak to a lawyer as soon as possible. It is possible that the breathalyzer test was faulty, and a lawyer can assess whether or not that can help a case. The lawyer can provide essential information and protect the rights of their client.

South Jersey DUI Lawyers at Agre & St. John Help the Accused Fight Breathalyzer Test Results

If you need help with a breathalyzer test issue or a DUI charge, speak to the South Jersey DUI lawyers at Agre & St. John. Call us at 856-428-7797 or contact us online for a confidential, initial consultation today. Based in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Burlington County, Camden County, Gloucester County, and Salem County.