There are some things you don't do. Sailors know you don't spit into the wind. Singer Jim Croce observed that you don't pull on Superman's cape. In New Jersey, if police and asked you to submit to a breath test, you don't refuse. It could result in the immediate loss of your license regardless of whether you're under driving under the influence or not.
When you got your driver's license and started driving in New Jersey, you automatically gave up your right to refuse a breath test to determine if you were driving while intoxicated. Should you decide to refuse, anyway, the police can have your blood drawn at a medical clinic in order to get your blood alcohol content percentage.
If you're pulled over on suspicion of driving under the influence, you still do have certain rights. For example, you technically have the right to refuse to take a breath test. However, just having the right does not mean there are no ramifications to your actions.
New Jersey motorists may be interested in a case set to be heard by the U.S. Supreme Court. The court announced on Dec. 11 that it would hear the case, which involves the refusal to take a DUI breath test, on Dec. 11.
Since DUI laws can vary in different states and word of mouth information can muddle the truth, people in New Jersey and other states are sometimes confused about what to do when suspected of drinking and driving. Learning about implied consent laws can help one make an informed decision when deciding whether or not to submit to a breath test.
A New Jersey woman who allegedly refused to submit to a breath test in April 2012 had her conviction upheld in a state appeals court. The defendant was required to install an ignition interlock device on her vehicle, spend 48 hours in an Intoxicated Driver Resource Center and submit to a two-year license suspension.
A judge in Morristown, New Jersey, let stand a previous ruling issued in Boonton Municipal Court in a New Jersey breath test refusal case. The Superior Court judge found that the failure of police to find an American Sign Language interpreter for a Maywood woman who is deaf to help her understand the consequences of breath test refusal under New Jersey law did not violate her rights. The woman’s defense argued that interpreters are available in other situations and the failure to supply an ASL interpreter in the Bergen County woman’s case is a form of discrimination.