NJ DUI: Refusing the Breathalyzer

Attorney Joseph Eustace

New Jersey is an implied consent state, meaning if you operate a motor vehicle you are impliably consenting to submit to a breathalyzer test if you’re ever stopped by the police and they have probable cause to suspect that you’re intoxicated.

Refusal to take the breathalyzer test results in an automatic seven to 12 month suspension for a first offense; a two year suspension for a second offense and a ten year suspension for a third offense. Basically there are, basically no defenses to a refusal. My advice to you is if you’re stopped and you’re asked to give a sample of your breath, do it. Then come in and talk to me and I can advise you whether or not they had probable cause to stop you or probable cause to ask you to take the breathalyzer test. But by refusing initially you’ve just put yourself in a very poor situation.

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