If the police stop you for a possible DUI/DWI and they tell you to blow into the Alcotest for blood levels, you MUST do this. Refusing to do so is the worst thing you can do. Here’s why:

It’s Easier to Prove than a DUI

Under New Jersey’s Implied Consent Law, drivers are required to provide a breath sample if they are pulled over for suspicion of driving while intoxicated. In order to prove a refusal case, the prosecution just has to prove the police officer had probable cause to believe the driver was drunk driving and that the police officer read the New Jersey Motor Vehicle Commission Standard Statement for Operators of a Motor Vehicle.

Upon request to provide a breath sample, police officers are required to read your rights word for word that details all of the penalties you face for not providing a valid breath sample. If the police officer fails to read this form, it is one of the very few defenses that can be used to fight a refusal charge.

It will Damage your DUI Defense

If you had a lot to drink, you might think that it’s better to refuse the Alcotest. It is not! In fact, refusing the Breathalyzer will damage your defense to a DUI.  There are defenses to drunk driving that can be proven by a breath sample. If you do not provide a breath sample, you will not be able to challenge that you’re BAC was below .08%

The Penalties

Even if you were not drunk driving, the penalties for a refusal are equally severe. A conviction will result in a mandatory license suspension and the installation of an ignition interlock device. The interlock device will be installed in the driver’s primary vehicle and require a breath sample prior to the car starting for 6 months to 2 years.

First offense:

• $300 to $500 fine
• License suspension up to 7 month

Second offense:

• $500 to $1,000 fine
• License suspension up to 2 years

Third and subsequent offenses:

• $1,000 fine
• License suspension up to 10 years

If you are stopped by the police and asked to provide a breath sample, do it. If you don’t you are giving up many possible defenses to the underlining DUI and in return are facing harsher penalties.

If you are facing charges for refusal to submit a breath sample, you need to hire an experienced defense attorney as soon as possible. Give me, David W. Polsky, a call at (973) 686-9787 for a free consultation.