Many people might think that refusing a breathalyzer test during a traffic stop could help them avoid a DWI charge. This is not the case. Refusing a breath test in New Jersey can carry significant legal consequences. By driving on the state’s roads, motorists are generally considered to have given implied consent to chemical breath testing under certain circumstances.
Realities of breathalyzer refusal
A driver may receive separate charges for both DWI and refusing a breath test. You could still be convicted of refusal even if your DWI charge is dismissed or you are proven sober. Here are a few critical factors that drivers should understand regarding the refusal of a breathalyzer test, including:
- Silence, hesitation or delay: Remaining silent, delaying the test, providing insufficient breath samples or expressly refusing to take a test could all constitute legal refusal.
- No right to speak to an attorney first: Staying silent to wait for legal advice from an attorney is not applicable for a breathalyzer test. It will count as a legal refusal.
- Harsher penalties than low-tier DWI: Refusal carries its own penalties, which may be significant and separate from any penalties imposed for a DWI conviction.
A refusal conviction can have long-term consequences, including effects on driving privileges, insurance costs and a person’s driving record.
Know your legal obligations
Attempting to outsmart a DWI is a terrible idea in New Jersey. To protect your driving privileges and your future, if you find yourself in a similar situation, seeking the help of an experienced legal professional who understands the state traffic laws is a critical first step.