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What Happens After You Refuse a Breathalyzer Test?


Most people know that there are consequences to refusing a breathalyzer test at the scene of an accident or if a police officer has evidence that the driver has been drinking. The Law Office of Stephen Williams, a Flemington NJ criminal attorney, would like you to know specifically what the risks are, so you make the right choices when driving in New Jersey. 

Most of the traffic and driving laws are state enforced in the U.S. even though they differ throughout the 50 states. Some states enforce automatic arrest and suspension of the driver’s license with time in jail when the AlcoTest is refused. Some states require a court appearance, but if drinking is suspected, all officers will request a breathalyzer test. 

New Jersey Law 

When anyone from any state is driving on New Jersey roads, there is an “implied consent law.” This law is included in the consent to drive on New Jersey roads and states that all drivers have agreed to undergo a breath test when traveling in New Jersey. 

As a practicing Flemington NJ criminal attorney, the consequences of refusing the breathalyzer is directly proportional to the level of conviction that the court finds in the DUI. 

The consequences are as follows: 

            1. A first offense DUI charge results in the suspension of your license for 7 to 12 
            2. A second offense means a loss of license for two years with a plea bargain. 
            3. A third offense results in an automatic ten-year loss of license with a plea 
            bargain permitted. 

If you have been in an accident or pulled over of NJ streets for a DUI, the BAC or Blood Alcohol Content that is received from the breathalyzer is only part of the evidence that will be used in court. If you have refused a Breathalyzer or have been charged with a DUI, contact The Law Office of Stephen Williams in Flemington to discuss your individual situation and rights.

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70 Church St., Suite 138, Flemington, NJ 08822| (908) 284-0074
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