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Refusing A Breathalyzer Test

Refusing A Breathalyzer TestThe breathalyzer test is one of the tools a law enforcement officer has to give them probable cause to arrest a driver they suspect has been drinking. Drivers give implied consent to this test when they accept their driver’s licenses. Despite already giving consent, you have the option to refuse the test if you are stopped for suspicion of drunk driving. Although there could be consequences to refusal, there are some good reasons to refuse this test.

An officer needs to have probable cause to make a stop. In drunk driving cases, that typically comes from their observations of how a person is driving. You are likely to get pulled over if an officer witnesses you being unable to stay in your lane, run through stop signs or lose control of your vehicle. Once they have pulled you over, they determine whether you are intoxicated by observing your speech, looking at your eyes and smelling for the presence of alcohol. If these observations lead the officer to believe you are drunk, they do not need a positive result on a breathalyzer to arrest you.

In fact, the roadside test is not even admissible in court. In order to use your blood alcohol level against you, the officer has to convince you to take the test at the police station. If you choose to refuse that test, hire our New Jersey criminal attorney at the Law Office of Stephen D. Williams to represent you in court. Although your driving privileges may be automatically suspended for refusing the test, you may be able to avoid a DUI conviction and all of the penalties associated with it.

By working with the experienced legal team at the Law Office of Stephen D. Williams, you will have a competent New Jersey criminal attorney by your side throughout the legal process. New Jersey law includes separate penalties for convicted DUI drivers who refuse breathalyzer tests. The state will only need to prove your guilt by a preponderance of the evidence so you will need a strong defense if you hope to win against the state.

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