If a motorist is apprehended for suspicion of drinking and driving does that motorist have to submit to a breath test. The simple answer is “yes” (for most situations but not ALL).
According to New Jersey law under NJSA 39:4-50.2(e), the police are required to read to dwi defendant a standard statement (also known as an implied consent form) that reinforces a defendant’s responsibliity to submit to the breathalyzer or Alcotest 7110.
In State v. Schmidt, the New Jersey Supreme Court held that a motorist was not entitled to be read additional statement, warning him that his prior response at breath test was unacceptable, and that if he did not unconditionally and timely provide a breath sample, he would be charged with refusing to submit to taking of samples of his breath.
The practical affect this decision is that if you initially consent to submitting to a breath test and you subsequently do not provide a proper sample and/or change your mind then you will be issued a ticket for refusal to submit to breath testing (which is similar to a DWI).
If you have questions or concerns about your traffic tickets and/or DWI/DUI case, give DWI lawyer Danny T. Matrafajlo a call to schedule a free office consultation.
