Refusal to Take a Breathalyzer Test: Implications and Defense

In New Jersey, as in many states, drivers operate under implied consent laws. This means that by driving, you consent to chemical testing for blood alcohol content (BAC) if pulled over for suspicion of DUI/DWI. Refusing the test can lead to separate charges and penalties on top of any potential DUI charges.

What Happens When You Refuse To Take an Alcotest in New Jersey?

Refusing an Alcotest in New Jersey carries administrative penalties, regardless of a DUI conviction. The state’s implied consent law means that by driving on New Jersey roads, drivers agree to submit to Alcotest when asked by law enforcement. Refusal can lead to charges independent of DUI charges.

• BAC is between .08% and .10% –> you will be required to have an interlock device for three months. Your driver’s license will only be suspended until the interlock device is installed. You will be fined $250 – $500 and can face up to 30 days in jail.
• BAC is between .10% and .15% –>  you will be required to install an interlock device for 7 – 12 months. Your driver’s license will only be suspended until the interlock device is installed. You will be fined $300 – $500 and can face up to 30 days in jail.
• If you BAC is higher than .15% –>  you will be required to install an interlock device for 9 – 15 months, and your driver’s license will be suspended. The license suspension starts on the date you are convicted and runs from 4 – 6 months after the interlock device is installed.

In addition to the above-mentioned, you might be required to install an IID on your vehicle. This device prevents the car from starting unless your breath alcohol content (BAC) is below a set limit.

Besides fines, there are additional fees associated with the suspension, possible court costs, and the potential cost of installing and maintaining an IID. A DUI refusal can also make it harder and more expensive to obtain car insurance.

It’s important to remember that refusing an Alcotest doesn’t guarantee you’ll avoid DUI charges. The police can still arrest you for DUI based on other evidence, such as field sobriety tests, witness statements, or erratic driving behavior.

Defending an Alcotest Refusal in New Jersey

A defense DUI attorney can focus on aspects surrounding the refusal to cast doubt on its validity.

For the car stop and the request to have you take an Alcotest, the police officer must provide probable cause. If the state can’t prove probable cause, it must dismiss the refusal charge. This is why DWI lawyers might argue the officer lacked a valid reason to pull you over in the first place.

A DWI attorney may also argue that the law enforcement official did not properly inform the driver about the consequences of refusing a test. If the officer failed to follow proper protocol in administering the test or in recording the refusal, these could be grounds for challenging the refusal charge.

An alternative defense strategy can involve your DUI lawyer arguing that you were confused about the Alcotest or didn’t understand the consequences of refusing. In some cases, this could lead to the refusal charge being dismissed altogether.

The DUI attorney might also explore issues with the Alcotest itself or how it was prepared for use. This could involve questioning calibration records, potential malfunctions, or if the officer administering it wasn’t properly trained. This could raise doubt about the reliability of any potential test result.

Certain medical conditions can interfere with Alcotest readings. Individuals with emphysema, asthma, or other respiratory conditions may not be physically able to produce a sufficient breath sample for testing. If you have a documented condition that could have impacted the test’s accuracy, your DUI lawyer might argue that refusing was a reasonable choice under the circumstances.

Contact Our DUI/DWI Attorney in New Jersey for Immediate Help

Refusing an Alcotest in New Jersey after a DUI stop can lead to serious trouble. It comes with fines, license suspension, and other harsh consequences. But still, there are ways to fight the charges.

If you’re facing DUI refusal charges in New Jersey, the Law Office of Matthew V. Portella, LLC can help. Contact us for a confidential consultation. We’ll give you personalized attention and discuss your options and defenses.