Breathalyzer & Field Sobriety Tests in NJ
At Sutnick & Sutnick Attorneys at Law, we encourage any operator of a motor vehicle pulled over by a police officer to be respectful and cooperative. However, when a driver sees the flashing lights in a rearview mirror, fear sets in. Any anxiety or intimidation should not result in drivers giving up their rights. While breath testing is required and significant consequences exist for refusal, drivers have certain rights that the officer must explain.
NJ Roadside Tests And Your Right To Refuse
In New Jersey, operators of motor vehicles provide implied consent to submit to a breath test upon request by a police officer. The Breathalyzer test is the primary means for law enforcement to determine blood alcohol content of a person suspected of driving under the influence. Violating this law will result in a charge of refusal to submit to a breath test.
Breathalyzers must be in proper working condition and function properly during the test. Proper administration of both breath and sobriety tests must be done with a trained and qualified law enforcement professional who must also undergo continuous retraining and recertification as needed.
While the results may have led to an arrest, defenses to breath tests exist that could lead to charges being reduced or dropped.
Similar to multiple DUIs, more than one refusal to submit to a Breathalyzer has penalties as well that increase in severity. First refusal carries a seven-month license revocation, a second has a two-year license revocation, and a third refusal can lead to a 8-year license revocation.