Breath And Blood Test Refusal
What happens if I refuse the breathalyzer test in New Jersey?
Will it be better for my case? Under New Jersey law, you consented to the breathalyzer by simply driving on the road and do not have the right to refuse it. If you do refuse the test, the police have the right to take you to a medical clinic and have blood drawn in order to obtain your blood alcohol content. Additionally, you will be charged with a penalty for refusing. My name is Anthony N. Palumbo, New Jersey DUI/DWI defense attorney, and if you need assistance with your DUI/DWI charge, contact my offices today for a free DUI/DWI/Refusal consultation toll free at 1-866-664-8118.
Whether you need aggressive representation today or are simply looking for answers to your questions about your DUI/DWI charge, breathalyzer or blood test, or any other criminal offense in New Jersey, feel free to call me. I represent individuals accused of DUI/DWI throughout New Jersey including Monmouth County, Mercer County, Berkeley County, Essex County, Union County, Bergen County, Hudson County, Atlantic County, Burlington County, and Middlesex County.
In addition to your DUI/DWI charge, if you refuse a blood or breathalyzer test, you will also be charged with refusal. The penalties for a conviction of refusal are as follows:
- For a first offense, you will be fined $600 to $1,000 for a refusal and your license will be suspended for 1-3 years.
- For a second offense, you will be fined $1,000 to $2,000 and your license will be suspended for 4 years.
- For a third offense, you will be fined $2,000 and your license will be suspended for 20 years if you are too close to a school.
Limits on Blood Tests
Even though an officer may resort to blood testing if an individual refuses to take a breathalyzer, the NJ court has placed a limit on when police may take blood. In State v. Ravutto, 169 N.J. 227 (2001), the officers did not offer a breathalyzer test, but immediately took the accused to a medical facility and forced him against his will to draw blood. The accused was terrified of needles and the experience was emotionally damaging. As a result, the court held that the police cannot force a person to physically take the test against their will.
An experienced New Jersey DUI/DWI defense attorney will be able to tell you whether the police crossed the line in your case. Every aspect of your case will be examined beginning with the actual DWI stop, verifying that the rules of administering any test were followed and lastly, to your DWI/DUI arrest.
Challenging your Test
Even though you must submit to blood and breathalyzer tests, there are ways to challenge the accuracy of the test in order to keep the evidence out of court. An experienced New Jersey DUI/DWI defense attorney may be able to challenge your test by showing that:
- The individual who gave the test was not qualified
- An object or substance in the mouth tainted the accuracy of the test (i.e. a penny)
- The test was defective
- Personal medication affected the test
- The blood/breath was not preserved properly.
- The method of administration was improper
Anthony N. Palumbo of The Law Offices of Anthony N. Palumbo,
Criminal and Municipal Court Attorney
I have over 35 years of criminal trial experience, as a former prosecutor, current public defender, and New Jersey DUI/DWI defense attorney, I have gained valuable experience on every side of the law. I have established strong relationships of trust with the local judges, prosecutors and police. When I talk to them about your rights I am taken seriously.
Contact me, Anthony N. Palumbo, New Jersey DUI/DWI defense attorney today for a free DWI/DUI/Refusal consultation toll free at 1-866-664-8118.