Do I have to take a breath test if asked to do so by police?

When you drive a car, truck, motorcycle, or any other type of motor vehicle in New Jersey, you automatically consent to breath testing. This means that you will have to submit to a breath test when a police officer asks you to do so. Moreover, there are no tricks that will get you out of this requirement: even remaining silent when the officer asks for your consent is likely to be considered the same as an outright refusal.

Keep in mind that you can still be charged with Driving While Intoxicated (DWI) when you refuse to take a breathalyzer test. So, not only will you face DWI charges, but you will also face Breath Test Refusal charges. And any sentences handed down by the municipal court judge in your case can be imposed consecutively, which means that you may have to serve a sentence for the DWI/DUI conviction and then serve another sentence for the Breath Test Refusal conviction.

Updated Breath Test Refusal Consequences 

Under recent updates to state law, the penalties you could face if convicted of breath test refusal in NJ include: 

• Fines: $300 to $500 for a first offense, $500 to $1,000 for a second offense, and $1,000 for a third or subsequent offense

• License suspension: until an interlock device is installed for a first offense, one to two years for a second offense, and eight years for a third or subsequent offense 

• Ignition interlock requirements: nine to 15 months for a first offense and, for a second, third, or subsequent offense, the duration of license suspension plus two to four years

These penalties are in addition to any sentences imposed for a DWI or DUI conviction.

NJ DWI Defense Lawyer John Tumelty Can Help You Beat Charges for Drunk Driving & Refusing a Breathalyzer in Atlantic City

A charge for Breath Test Refusal in New Jersey could lead to the suspension of your driver’s license. Depending on the circumstances of your case, you could even be looking at jail time for the accompanying DWI charge. John Tumelty, the founding partner of the Law Offices of John W. Tumelty, is prepared to help you fight your DWI charges and avoid the most severe penalties. Call Mr. Tumelty today to discuss your case or fill out the convenient online form to schedule a free consultation at his office in Atlantic City, NJ.