What Are the Consequences of Refusing a Breathalyzer Test in NJ?

Breath tests are an essential component of law enforcement efforts to combat driving under the influence of alcohol (DUI) in New Jersey. The state takes a strong stance against drunk driving and understanding these tests and their implications is crucial for anyone seeking to avoid DWI/DUI charges and their harsh penalties. 

Under New Jersey’s implied consent laws, drivers are expected to comply with a breath test when requested by law enforcement during a traffic stop. New Jersey imposes strict penalties for individuals who are convicted of a DWI/DUI and who are found to have refused the breathalyzer test. If you have been charged with a DWI/DUI, getting the help of a skilled New Jersey DUI attorney is a crucial step in protecting your rights. Led by top-rated attorney Rachel Kugel, our team of experienced DWI/DUI attorneys at The Kugel Law Firm works diligently to provide quality legal representation to New Jersey residents who have been charged with impaired driving offenses, such as breathalyzer test refusal. Contact us today at (973) 854-0098 to schedule a free strategy session.

New Jersey DWI Laws

New Jersey laws prohibit anyone from operating a motor vehicle under the influence of alcohol, narcotics, and hallucinogenic or habit-producing drugs. The legal blood alcohol concentration (BAC) threshold for a driver is 0.08%. For commercial drivers operating commercial vehicles, the limit is 0.04%. Meanwhile, drivers under the age of 21 are held to a zero-tolerance policy when it comes to drunk driving.

New Jersey DWI laws enforce penalties based on the severity and frequency of offenses. Penalties can include fines, license suspension, installation of an ignition interlock device (IID), and even imprisonment. The penalties depend on the BAC of the offender and the number of prior offenses they have.

For instance, a first-time offender may face a fine between $250 and $400, along with a three-month license suspension or three-month ignition interlock requirement. Those with a BAC of 0.10% or higher face a fine between $300 and $500 and a license suspension of seven months or an ignition interlock requirement for 7 months. For motorists with a BAC at or above .15, even a first offense will require both a license revocation of four to six months and an ignition interlock requirement during that time and for 9-15 months thereafter. Subsequent offenses come with increased penalties, including longer license suspension periods and potential imprisonment.

What is the Implied Consent Law in New Jersey?

In New Jersey, any driver using the roads is deemed to have implicitly provided their consent to submit to a breathalyzer test when requested upon probable cause by law enforcement. This is referred to as the Implied Consent Law in New Jersey. If a driver refuses to submit to a breathalyzer test following a traffic stop made on suspicion of a DWI/DUI, this can result in additional charges and penalties if you are convicted of the DWI/DUI.

Refusal to take a breath test in New Jersey will typically result in a separate summons for the violation, in addition to any DWI charges the driver may face. The penalties for refusal vary depending on the number of prior offenses the driver has.

For first-time refusal offenders, the penalties include a fine between $300 and $500 and a suspension or ignition interlock device for 9-15 months. For second-time offenders, the penalties include a fine between $500 and $1,000, in addition to a 1-2 year license suspension as well as the installation of an ignition interlock device upon restoration for a period of 2-4 years. The penalties continue to increase for subsequent offenses, with the potential for significant fines, license suspension, and interlock installation requirements.

It’s worth noting that even if a driver refuses a breathalyzer test, law enforcement may in certain circumstances obtain a warrant to conduct a blood test to determine their BAC.

How Breathalyzer Tests Work

Breathalyzer tests offer a quick and non-invasive way to measure a person’s BAC by estimating the alcohol content in their breath. These devices work by analyzing the alcohol molecules in the exhaled air and converting that measurement to a BAC reading.

In New Jersey, law enforcement primarily uses the Alcotest 7110 MKIII-C, which combines infrared spectrometry and fuel cell technology. The device provides results that can be used as evidence in court against the driver, as long as the device was properly maintained and calibrated or tested and conditions of admissibility are met. 

It’s essential for people in New Jersey to be aware of the state’s DWI laws and the consequences of refusing a breathalyzer test. For those who find themselves facing a breathalyzer test or DWI charges, understanding the relevant laws and their rights can make all the difference.

Refusing a Breathalyzer Test in New Jersey

In the state of New Jersey, every driver faces a dilemma when confronted with a breathalyzer test during a traffic stop. Although the laws in New Jersey are stringent, you may be wondering if it is a good idea to refuse a breathalyzer test. Law enforcement officers themselves have to provide an explanation with a script provided by the New Jersey Attorney General and advise the driver of the potential consequences of refusing a breathalyzer test before administering it. 

How to Conduct Yourself When Stopped for DWI/DUI

When a police officer stops you on suspicion of a DWI/DUI and requests you to answer questions or submit to physical and balance tests, you have the right to politely refuse. Here are some steps to follow:

1. Remain calm and polite during the entire interaction with the officer.
2. Clearly inform the officer that you will not be taking field sobriety tests. It is essential to be firm but polite.
3. Do not argue or resist the officer’s subsequent actions, such as handcuffing or placing you under arrest. Resisting may lead to additional charges.
4. If you’re placed under arrest, exercise your right to remain silent until you’ve consulted with a lawyer.

It is important to understand that refusing tests does not mean you won’t be charged with a DUI. The officer may use other evidence, such as your behavior or appearance, to charge you. It does, however, mean the prosecution will not have the specific data as evidence against you.

What Actions Can Be Considered as Refusal 

Aside from telling the officer outright that you are refusing the breathalyzer test, the following actions can also be considered as refusal.

• Not responding or remaining silent when asked: If a person doesn’t express a willingness to take a breath test, their silence is generally seen as a refusal. It’s important to note that a person’s right to remain silent doesn’t apply to questions about breath tests.
• Providing short samples: Even if someone consents to a breath test, providing a small sample or intentionally blowing less than required can result in a refusal charge. It’s also possible that someone may not be able to blow with sufficient volume for a valid reading.
• Delaying the test: If someone deliberately delays or stalls the administration of a breath test, it can be interpreted as a refusal. The Supreme Court of New Jersey has stated that someone suspected of drunk driving has no right to delay breath testing.
• Conditional Consent: Anything other than an unambiguous and unconditional agreement to take a breath test may be seen as a refusal. This includes responses such as “if…”, “can you tell me…”, or anything else that is not a clear and unconditional “yes” to taking the test.

Legality of Refusing a Breathalyzer Test

Refusing a breathalyzer test is legal, but it comes with consequences as per New Jersey’s implied consent laws. When you obtain a driver’s license in the state, you implicitly agree to submit to a breath test if you are suspected of drunk driving.

If you refuse a breathalyzer test in New Jersey, you may face the following penalties:

• First-time refusal: A minimum fine of $300 to a maximum of $500, an ignition interlock device installed in your vehicle for 9 to 15 months or driver’s license suspension for that time period.
• Second-time refusal: A fine ranging from $500 to $1,000, a 1-2 year license suspension followed by an ignition interlock device installed in your vehicle for 2 to 4 years. 
• Third-time refusal: A $1,000 fine, a suspension of your license for 8 years followed by an ignition interlock device installed in your vehicle 2-4 years. 

Moreover, refusing a breathalyzer test exposes you to additional penalties under the New Jersey Motor Vehicle Commission (MVC) surcharge system. This includes annual surcharges during a specified number of years.

Refusal Instances	Penalties
First-time refusal	Minimum fine of $300 to a maximum of $500, Ignition interlock device installed in your vehicle for 9 to 15 months OR driver’s license suspension for that time period
Second-time refusal	Fine ranging from $500 to $1,000, 1-2 year license suspension followed by an ignition interlock device installed in your vehicle for 2 to 4 years
Third-time refusal	$1,000 fine, Suspension of your license for 8 years followed by an ignition interlock device installed in your vehicle for 2-4 years

Common Reasons for Refusal

The reasons for refusing a breath test might vary, but some common reasons include:

• Fear of inaccurate results: Breathalyzer devices can produce false readings due to improper calibration, medical conditions, or other factors. This may lead drivers to question the accuracy of the test and prefer to refuse.
• Lack of trust in the police: Some drivers might not trust the police officer administering the test or the motives of the officer requesting the test.
• Panic: Being pulled over and accused of drunk driving can be a stressful and nerve-wracking experience for the driver, leading to a panic-driven refusal.

In New Jersey, refusing a breathalyzer has consequences, and drivers should weigh the pros and cons before deciding whether or not to accept or refuse the test. Consulting with a DUI attorney can help drivers navigate this complex decision and its potential legal ramifications.

Immediate Consequences of Refusing a Breathalyzer Test

One of the most critical decisions you might need to make when pulled over on suspicion of driving under the influence (DUI) is whether to submit to a breathalyzer test or not. Many people refuse the test in the hope that it will better their chances of avoiding a DUI conviction. However, refusing a breathalyzer test can lead to several immediate consequences.

Observational DUI Charges vs. Breathalyzer Test Refusal

When a police officer stops a driver on suspicion of DUI, the officer has the option of placing the driver under arrest based on their observed behavior, regardless of whether a breathalyzer test is provided. If the officer has enough evidence to support a DUI charge (e.g., slurred speech, unsteady gait, or the smell of alcohol on breath), they can do so even without breathalyzer results.

Challenging Breathalyzer Test Refusal Charges

Defending against DWI charges in New Jersey can be difficult especially due to the fact that prosecutors are not allowed to plead down DWI/DUI charges. However, there are several strategies that a skilled DUI attorney can employ to possibly reduce or dismiss the charges. 

Common Defense Strategies

There are several defense strategies that can be used to challenge breathalyzer test refusal charges. The following are some of the most common:

• Invalid Arrest or Traffic Stop: The first step to challenging a breathalyzer test refusal charge is to determine if there were any procedural errors during the arrest or traffic stop. If law enforcement did not have probable cause for stopping your vehicle or arresting you on DUI suspicions, your attorney can argue that any subsequent actions or charges are invalid. Examples of potential errors include an officer not informing you of the consequences of refusing a breathalyzer test, or not having a valid reason for stopping your vehicle in the first place.
• Improper Administration of the Test: There are strict guidelines for administering breathalyzer tests, and improper administration can affect the reliability of test results. This can also apply to test refusal charges—your attorney may challenge the charge by raising questions about the calibration of the testing device, the officer’s training on using the breathalyzer, or other potential issues that could have affected the test. If the breathalyzer test was not administered properly, it may be possible to have the refusal charge dismissed.
• Medical Conditions Affecting Test Results: There are instances when a person’s medical condition may affect the accuracy of a breathalyzer test or create difficulties in providing a breath sample. For example, individuals with asthma, emphysema, or other respiratory issues may not be physically capable of producing a sufficient breath sample for testing. If you have a medical condition that may have affected the results or your ability to take the test, your attorney can argue that the refusal charge is unjustified.

Why Working With an Experienced New Jersey DWI/DUI Attorney is Essential

Challenging breathalyzer test refusal charges can be a complex and often confusing process. Having an experienced DUI attorney in New Jersey can be crucial to successfully defend against these charges. A DUI attorney can help by:

• Reviewing your case thoroughly to determine if any procedural errors occurred during your arrest, traffic stop, or administration of the breathalyzer test.
• Developing a strong defense strategy based on the unique circumstances of your case.
• Negotiating with the prosecution for alternative sentencing options.
• Representing you throughout the court process and advocating for your rights and interests at every stage.

In conclusion, facing a breathalyzer test refusal charge can be incredibly stressful, but with the right legal representation, you can challenge those charges and potentially avoid the harsh penalties that come with a conviction. If you find yourself in this situation, consult a knowledgeable New Jersey DUI attorney to protect your rights and navigate the complicated legal process.

At the Kugel Law Firm, our team of experienced New Jersey DWI/DUI attorneys work diligently to provide quality legal services and representation in defending against breathalyzer refusal charges. If you have been charged with a DWI in New Jersey, our attorneys can conduct a comprehensive investigation of your case and establish a robust defense strategy. We can assist you in understanding your charges and in navigating the legal processes involved. Contact us today to schedule a free initial strategy session at (973) 854-0098. 

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/what-are-the-consequences-of-refusing-a-breathalyzer-test-in-nj/

How Prosecutors Prove DUI in New Jersey

Facing a DUI charge can be incredibly stressful. Getting convicted and losing your license could dramatically affect your life. Can you beat the charges? Does the state have enough evidence to prove their case against you? How can you defend yourself?

You don’t have to accept a DUI charge without a fight. You have legal options. 

At this point, it’s important to talk to a skilled New Jersey DUI lawyer about your case. At The Kugel Law Firm, our lawyers can analyze the evidence against you and craft a strategic defense tailored to your unique circumstances. We can work tirelessly to challenge the prosecutors’ evidence, closely examine law enforcement procedures, and advocate for your rights at every step of the legal process. DUI cases are fact-specific and the outcome depends on what happened in your unique situation. You shouldn’t give up on your case. Your attorney can help you learn about how plea bargains work in DUIs and explain how you could get your case dismissed depending on the circumstances. Contact us today at (973) 854-0098 for a consultation and let us help you build a strong defense against DUI charges in New Jersey. 

This is because you may be charged with a DUI or DWI but the state may not actually have enough evidence to convict you in court. An experienced lawyer can look at the facts of your case, determine where you stand, and take steps towards a successful outcome for you.

So what does a prosecutor have to prove in order for you to be convicted of a DUI or DWI? 

NJ DUI defense lawyer

What Is a Reasonable Doubt?

In New Jersey DUI, a prosecutor must prove beyond a reasonable doubt that you operated a motor vehicle while under the influence of alcohol or drugs.

“Beyond a reasonable doubt” is a common legal term known as a standard of proof. In order to convict you of a DUI, a judge must be convinced with no reasonable doubt left about the truth.

This is a high standard of proof – much higher than “preponderance of the evidence,” which only requires a judge to be more than 50% sure that the facts more likely happened than not. A higher standard of proof makes it harder for the prosecutor to prove their case against you.

Having a higher standard of proof for a DUI conviction makes sense. After all, a DUI could have major consequences on your life, including criminal penalties and a criminal record (in New York). 

“Operating” a Motor Vehicle

To prove that you’re guilty of a DUI, the state must first prove that you were “operating” a motor vehicle. This may seem like an obvious question at first – it makes sense to assume that you’re operating a car if you’re in the driver’s seat while it’s moving.

But what if you’re in the driver’s seat and the car is parked? What if the engine is on but you’re not moving? Do you still qualify as “operating” the vehicle then?

• In New Jersey, “operating” a vehicle is broader than actually moving the car. It could be enough to be behind the wheel with the keys in the ignition. Or standing outside the car on the side of the highway. The issue of “operation” is very fact specific and you should discuss this in detail with a skilled DWI/DUI defense lawyer who can assess whether your case involves a real issue on operation. A case can be won or lost on the “operation” issue, it is that important. 

Evidence Needed for Dui Conviction

In New Jersey, individuals facing allegations of driving under the influence (DUI) have access to several potential defenses. However, the prosecutors can utilize various forms of evidence to potentially establish your guilt. Below are the seven types of evidence that prosecutors can use to support DUI charges in New Jersey:

• Breath Sample: If you were subjected to a breathalyzer test during or after your traffic stop, the breath sample you provided could play a crucial role as evidence in your DUI case. However, there are various approaches to challenge the results of the breath test, and it is recommended to seek guidance from your attorney on potential methods to possibly exclude these results from being presented in court.
• Field Sobriety Test (FST) Results: If you participated in field sobriety tests (FSTs) during your traffic stop, the arresting officer’s interpretation of your performance in these tests can also serve as evidence in your DUI case. Yet, you may be able to challenge the credibility of the arresting officer’s interpretation by demonstrating improper test administration or presenting an alternative explanation for your performance.
• The Arresting Officer’s Observations: During your DUI trial, the prosecution has the authority to call the arresting officer as a witness to testify about their observations, which encompass the period before, during, and after your traffic stop.
• Your Statements to the Arresting Officer: The prosecutor can use any statements you provided to the arresting officer, with the arresting officer testifying about what you said on the roadside. However, there is a chance that your statements may not be considered valid in court.
• Physical Evidence from Your Vehicle: If the arresting officer discovered an open container in your vehicle, the prosecutor might present this as indirect evidence of drinking while driving, assuming that the vehicle search was lawful.
• Police Dash Camera or Body Camera Footage: Besides the arresting officer’s testimony about their observations, if there is video footage capturing your driving or actions during the traffic stop, the prosecutor may present this footage as evidence in your DUI case.
• Eyewitness Testimony: If there were any witnesses to your driving behavior or the traffic stop, which could include passengers in your vehicle, the prosecutor may summon these individuals to provide sworn testimony. However, witness statements are often subject to reliability challenges, and various tactics can be employed to mitigate the impact of witness testimony in court.

If you’re facing a DUI charge in New Jersey, understanding the evidence needed for a conviction is essential to building a strong defense. At The Kugel Law Firm, our skilled New Jersey DUI lawyer can meticulously assess your case, ensuring that all essential evidence, such as breathalyzer results, field sobriety tests, and police procedures, is examined with precision. Contact us today to protect your rights and secure the best possible outcome for your situation.

Proving Impairment Under the Influence

The second part of proving a DUI involves showing that the driver was under the influence of alcohol or drugs. This process is more straightforward with alcohol than with other drugs.

New Jersey uses breath test results taken during or after your traffic stop to prove that you were under the influence of alcohol. In New Jersey, the legal blood alcohol content (BAC) limit is 0.08%. You may face increasingly severe penalties if your BAC is especially high – for example, over 0.15% in NJ.

But a breathalyzer cannot detect drugs other than alcohol. Blood tests for marijuana or cannabis aren’t accurate because THC can be detected in the body weeks or months after use. And there’s no way to field test other types of prescription medication or illegal drugs.

A prosecutor trying to prove drug intoxication may also use the following as evidence:

• A failed Field Sobriety Test (FST), which can be challenged on the grounds that the test wasn’t administered properly or your “failure” was because of something else
• The arresting officer’s observations, testimony, and report notes
• Any statements you made to the arresting officer, which you could argue are inadmissible in court based on evidence rules
• Physical evidence from your vehicle, such as open containers or traces of drugs
• Police dashcam or bodycam footage of your traffic stop interactions
• Other eyewitness testimony from third parties who happened to see you driving the vehicle, such as passengers or pedestrians

Not all evidence is ironclad. The evidence against you may feel overwhelming but an experienced DUI lawyer can help enforce your legal rights. You shouldn’t face the heavy hand of the law alone without a diligent advocate by your side.

Possible Defenses	Description
Improper Chemical Test Administration	Challenging the accuracy of the breathalyzer or blood test results based on procedural errors during testing or handling of samples.
Alternative Explanations for Behavior	Presenting evidence that there were other factors (e.g., medical conditions, fatigue, stress, etc.) that may have contributed to the observed behavior or physical symptoms.
Witness Testimony	Introducing eyewitnesses who can testify about the events leading up to the traffic stop and provide an alternative version of events.
Challenging Traffic Stop	Arguing that the traffic stop was not based on probable cause or that the officer violated your Fourth Amendment rights.
Miranda Rights	Challenging the admissibility of any statements made during the traffic stop or arrest if the arresting officer failed to read you your Miranda rights.

Can You be Charged With DUI Without Evidence

In New Jersey, an individual may face a DUI charge, but it does not necessarily lead to a conviction if there is insufficient evidence. The prosecutor must meet a high standard of proof beyond a reasonable doubt, which is challenging to achieve. To prove that the person was “operating” a motor vehicle, the state must demonstrate that they had control of the vehicle, such as being behind the wheel with the keys in the ignition or standing outside the car on the side of the highway. However, the determination of “operation” is fact-specific, and it is crucial to discuss the case’s specifics with a skilled DUI defense attorney.

Proving impairment involves demonstrating that the driver was under the influence of alcohol or drugs. While breath tests are typically used for alcohol, drug intoxication can be more complex and may require various forms of evidence, such as Field Sobriety Test results, officer observations, statements, physical evidence from the vehicle, and eyewitness testimony.

Regardless of the presented evidence, a competent DUI attorney can assist in protecting the defendant’s legal rights and questioning the evidence’s validity. It is crucial to consult with an attorney promptly to develop a robust defense strategy and discuss the specifics of the case.

How to Fight a DUI Charge

The best way to defend yourself against a DUI charge is to get an attorney to look at your case as soon as possible. DWI cases take priority in the New Jersey court system, which means your case will proceed quickly and may be heard within 60 to 120 days.

In defending yourself, your attorney may use several different strategies:

• Challenging chemical test results for being administered or handled improperly
• Countering the officer’s testimony with another valid explanation for your behavior
• Introducing witnesses who will testify that they saw things differently
• Challenging the validity of the traffic stop on probable cause grounds
• Bringing up other legal missteps such as failing to read you your Miranda rights

A DUI conviction could mean losing your driver’s license, owing thousands of dollars in penalties and fines, or even facing criminal charges. It’s important that you take your next steps forward with confidence in your defense. The attorneys at Kugel Law can help. Schedule a no-risk case consultation with our leading DUI attorneys now. You can contact us at our New Jersey office at (973) 854-0098.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/beyond-a-reasonable-doubt-how-prosecutors-prove-dui/