Refusing to take a breathalyzer test in New Jersey is a significant legal issue with serious consequences. Under New Jersey law, specifically N.J.S.A. 39:4-50.2, drivers are considered to have given their implied consent to submit to chemical tests, such as breathalyzer tests, to determine blood alcohol content (BAC). This means that by simply using New Jersey’s roadways, you agree to these tests if suspected of driving under the influence (DUI).

The Legal Framework

1. Implied Consent Law: New Jersey’s implied consent law mandates that any person operating a motor vehicle on New Jersey roads consents to a breath test when a law enforcement officer has probable cause to believe the driver is under the influence of alcohol.
2. Refusal Penalties: Refusing to take a breathalyzer test carries its own set of penalties, which are separate from those for a DUI conviction. These penalties are outlined in N.J.S.A. 39:4-50.4a and can include:

• Fines ranging from $300 to $500.
• License suspension: 7 months to 1 year for a first offense, 2 years for a second offense, and 10 years for a third offense.
• Mandatory installation of an ignition interlock device during and after the suspension period.

1. Legal Implications: A refusal is treated as an offense similar to a DUI charge. Therefore, even if you refuse the breath test, you can still be charged with and convicted of DUI based on other evidence, such as officer observations, field sobriety test results, and other physical signs of intoxication.

Key Considerations

• Admissibility of Refusal: In court, the refusal to submit to a breathalyzer test can be used as evidence against you. This refusal can be presented as consciousness of guilt, thereby complicating your defense strategy.
• Multiple Offenses: The penalties for refusal escalate with subsequent offenses. Therefore, a first-time refusal will result in less severe consequences than a second or third refusal.
• Ignition Interlock Device: For repeat offenders, the mandatory use of an ignition interlock device is a significant consequence. This device prevents a vehicle from starting if it detects a certain level of alcohol in the driver’s breath.

Defending Against Refusal Charges

If charged with refusal to take a breathalyzer test, several defenses might be available:

1. Lack of Probable Cause: Demonstrating that the officer lacked probable cause to request the breath test.
2. Improper Procedures: Arguing that the officer did not follow the correct procedures, such as failing to inform you of the consequences of refusing the test.
3. Medical Conditions: Showing that a medical condition prevented you from providing a breath sample.

Conclusion

Understanding the implications of New Jersey’s breathalyzer refusal law is crucial for any driver. Refusal to take the test can lead to severe penalties, separate from those for DUI, and can complicate your legal situation. If faced with such charges, consulting with an experienced DUI attorney can provide essential guidance and help navigate the complex legal landscape surrounding DUI and refusal cases.

For more information on legal defenses and detailed advice on handling DUI charges in New Jersey, visit our legal blog regularly for updates and expert insights.