New Jersey law mandates that any motorist who drives on its roads implicitly consents to submit a breath test if the arresting officer has probable cause to suspect that the driver is driving while under the influence of a controlled substance. In other words, New Jersey is an “implied consent” state and every driver is required to submit to breath testing, without exception.
You Can Legally Refuse a Breath Test, But There Are Consequences
You are not physically bound to submit to a breath test under New Jersey law. However, if you refuse a breath test, there are serious consequences. One major consequence is that you will be charged with “Refusal to Submit.” This will be a separate charge from a drunk driving charge and it will carry its own penalties.
Another serious consequence for refusing to submit to a breath test is that it can make a drunk driving conviction more likely. The reason for this is that if you are charged with a “Refusal to Submit” charge, the court will most likely legally infer that you refused because you believed that you were under the influence of alcohol. Although this may be a “rebuttable” line of thinking, it will nevertheless place you in a position where you will have to testify or provide evidence to get you back to focusing on whether the physicals and observation case can result in a drunk driving conviction.
The bottom line is that refusing to submit a breath test will most likely result in two separate violations and your resulting penalties could double.
Defending a Refusal to Submit Charge
However, if you refused to submit a breath test, there may be certain defenses that your New Jersey DUI attorney can use to refute the charges. One defense is to undermine the validity of the initial vehicle stop. Before law enforcement pulls you over, they have to have reasonable suspicion that you were operating your vehicle under the influence. If they do not, your arrest will be invalid, including any results from a breath test.
Another defense is the improper administration and evaluation of the breath test. These factors could provide your DUI attorney with a strong strategic defense to help dismiss the charges against you.
Call a New Jersey Marijuana DUI Attorney Today!
If you or someone you know has been arrested for drunk or drugged driving in New Jersey, an experienced attorney can help avoid a conviction. For more information or to schedule a free consultation with New Jersey marijuana DUI attorney Dan T. Matrafajlo, please call the Beninato & Matrafajlo Law at (908) 248-4404.
