Can You Refuse a Breathalyzer in New Jersey? Understanding Implied Consent Laws

Driving under the influence (DUI) is a serious offense in New Jersey, with strict penalties that can impact your freedom, finances, and future. If you’re pulled over for suspicion of drunk driving, you might wonder: “Can I refuse a breathalyzer test in New Jersey?” The answer isn’t as straightforward as it might seem, largely because of New Jersey’s implied consent laws.

This comprehensive guide will explain the legal implications of refusing a breathalyzer test in New Jersey, the potential consequences, and why having an experienced DUI defense attorney, such as John W. Tumelty, is essential to protect your rights.

What Is the Implied Consent Law in New Jersey?

Under New Jersey’s implied consent law (N.J.S.A. 39:4-50.2), all drivers who operate a motor vehicle on New Jersey roadways automatically consent to submit to chemical tests, including breathalyzer tests, if law enforcement has reasonable grounds to believe the driver is under the influence of drugs or alcohol.

This law means that simply by driving in New Jersey, you agree to comply with these tests. Refusing to take a breathalyzer doesn’t mean you’re off the hook. Instead, it leads to its own set of serious penalties, separate from any DUI charges.

The Consequences of Refusing a Breathalyzer in New Jersey

If you refuse a breathalyzer test in New Jersey, you could face steep penalties, even if you aren’t ultimately convicted of a DUI. These penalties include:

License Suspension

First Offense: License suspension for 7 months to 1 year.
Second Offense: License suspension for 2 years.
Third Offense: License suspension for 10 years.

Fines and Fees

First Offense: Fines ranging from $300 to $500.
Second Offense: Fines ranging from $500 to $1,000.
Third Offense: A fine of $1,000.
Additional surcharges include the Intoxicated Driver Resource Center (IDRC) fee, Motor Vehicle Commission (MVC) surcharges, and other court-imposed costs.

Ignition Interlock Device Installation

First Offense: You have the option to either install an ignition interlock device (IID) in your vehicle for 9 to 15 months or face a driver’s license suspension for the same period.
Subsequent Offenses: Mandatory ignition interlock device for 2 to 4 years. The IID is installed after the completion of the license suspension period, ensuring compliance before the license is fully restored.

Refusal penalties are cumulative, meaning they can increase in severity with each subsequent refusal or DUI-related offense.

Legal Defenses Against Refusing a Breathalyzer

While refusal carries automatic penalties, it doesn’t mean your case is without hope. An experienced DUI defense attorney can examine the circumstances surrounding your arrest to identify viable defenses. These may include:

Improper Police Procedure

Law enforcement must follow specific protocols when requesting a breathalyzer test. Failure to inform you of the consequences of refusal or conducting the stop without reasonable suspicion can lead to dismissal of charges.

Equipment Malfunction

Breathalyzer devices must be properly maintained and calibrated. If the device used wasn’t functioning correctly, your attorney could challenge the validity of the results.

Violation of Constitutional Rights

If law enforcement violated your Fourth Amendment rights during the stop, such as conducting an unlawful search or seizure, the evidence may be deemed inadmissible.

What Happens After Refusing a Breathalyzer?

Refusing a breathalyzer test triggers an automatic process, including the issuance of a separate refusal charge. Here’s what typically happens next:

Immediate Arrest: Upon refusal, you’ll likely be arrested and taken to a police station.

Issuance of Summons: You’ll receive a summons for both the refusal charge and any accompanying DUI charges.

Administrative Suspension: Your license suspension is handled administratively by the New Jersey MVC, separate from any criminal court proceedings.

Court Proceedings: You’ll face court hearings to address the refusal charge, DUI charge (if applicable), and any associated penalties.

Is Refusing a Breathalyzer Ever Worth It?

The decision to refuse a breathalyzer test is a personal one, but it’s important to weigh the consequences. While refusal penalties are severe, some drivers may believe it’s better than providing evidence of a high blood alcohol concentration (BAC). However, keep in mind:

Refusal does not guarantee you won’t be convicted of DUI, and it often complicates the situation by adding refusal-specific penalties to the charges you’re already facing
Evidence such as officer observations, field sobriety test results, and video footage can still be used against you.
A refusal can complicate your defense strategy, as it’s often perceived as an admission of guilt.

Why You Need an Experienced DUI Defense Lawyer

Navigating DUI and refusal charges in New Jersey requires a thorough understanding of state laws and legal processes. Attorney John W. Tumelty, a former prosecutor and seasoned criminal defense lawyer, has decades of experience defending clients against DUI and refusal charges in Atlantic City and throughout New Jersey.

With a strong track record of favorable outcomes, John W. Tumelty leverages his insider knowledge of the legal system to build strategic defenses tailored to each client’s unique situation. Whether you’re a first-time offender or facing repeat DUI charges, having a skilled attorney in your corner can make all the difference.

Protect Your Rights: Contact the Law Offices of John W. Tumelty Today

If you’re facing a breathalyzer refusal charge or DUI accusation in New Jersey, don’t navigate the legal process alone. The consequences of refusal can be life-altering, but with the right defense strategy, you can fight for a favorable outcome.

Schedule Your Free Consultation Now

The Law Offices of John W. Tumelty is here to help. We proudly serve clients in Atlantic City, Ocean City, Cape May, Wildwood, Hammonton, and surrounding areas in South Jersey. Whether you’ve been charged with refusal or DUI for the first time or are dealing with repeat offenses, we’re ready to provide the aggressive defense you need.

Call us today at (609) 385-4010 or fill out our online contact form to schedule your free consultation. Let us protect your rights and work toward the best possible outcome for your case.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized legal guidance, consult with a qualified attorney familiar with the specific facts of your case.