There’s a lot of confusion around this question, and I get this question all the time. People want to know, do they have the right to speak to an attorney, or to work with an attorney in deciding whether or not they should take a breath test after they’re arrested for DWI/DUI in New Jersey? Can they call anybody? Do they get a phone or a phone book, anything like that?
Well, the answer in New Jersey is simply no. The obligation to take a chemical test is actually covered by something called the implied consent law. Just by driving a car in the state of New Jersey, you’re agreeing that if you’re ever properly arrested for DWI/DUI in New Jersey, you will submit to a chemical test of your breath. You can choose not to do so. But if you do, there are consequences and penalties for that. The police have to read you an implied consent form. And in that standard form statement, that warning actually does show your rights and obligations with regard to the breath test, including the fact that you do not have a right to an attorney.
The implied consent form says you have no legal right to have an attorney, physician, or anyone else present for the purpose of taking the breath samples. And you have no legal right to refuse to give or delay giving samples of your breath. You don’t have a right to an attorney before deciding whether to give samples of your breath in New Jersey and just keep in mind that if you choose not to do so, there are penalties for it.
If you or a loved one is facing charges of DWI/DUI or refusing to take a breathalyzer test, it is important to consult with an experienced New Jersey DUI attorney right away. A skilled lawyer may be able to help protect your rights and your freedom.
Implied Consent in New Jersey
New Jersey, along with other U.S. states, has laws that require anyone driving on roads to give their consent to be subject to a chemical breath or blood test for alcohol content if they are stopped or arrested because of drunk driving. New Jersey drivers are deemed to have “implied consent”. This consent is a condition that someone who is applying for a driver’s license must satisfy.
Consequences of Refusing Breathalyzer Tests
Implied consent in New Jersey means that if anyone is stopped because of suspicion of driving under the influence, law enforcement officers can subject them to a breathalyzer. Drivers who refuse to take a chemical or breath test can have their license suspended and they can be subject to an increase in their insurance rates.
Refusing to submit to a breath test does not mean that the driver is not going to be convicted of DUI because although the state does not have the result to show that a driver has a high BAC, prosecutors may be able to use the testimony of an officer who stopped the driver or other witnesses in the area. Eyewitnesses, for example, may be able to testify that your driving was reckless or erratic. The officer who stopped you may also testify that you showed signs of intoxication such as the strong odor of alcohol, bloodshot or glassy eyes, slurry speech, or unsteadiness.
Refusing to take a test automatically results in license suspension. This is why it is important to seek an experienced DUI defense attorney who can help you protect your freedom and your future if you’re facing DUI/DWI charges in New Jersey.
Speak to an Experienced DUI/DWI Lawyer at The Kugel Law Firm
The refusal to take a breathalyzer test in New Jersey carries a separate penalty from a DWI. If you are convicted of both charges, penalties can be doubled. This is why it is important to seek the help of an experienced DUI/DWI lawyer right away.
The Kugel Law Firm is committed to protecting our client’s rights and freedom. Attorney Rachel Kugel and our team have repeatedly demonstrated our ability to succeed in the most challenging and complex drunk driving cases in New Jersey. Contact us today to schedule a free consultation.
from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/am-i-entitled-to-a-lawyer-before-i-decide-to-take-a-breathalyzer-test-if-i-am-arrested-for-a-dui-dwi-in-new-jersey/
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