Our Morristown DUI Lawyer Explains Your Rights

If the police ask you to take a breath test (the Alcotest or “breathalyzer”) after stopping you on suspicion of driving under the influence (DUI), can you refuse? In New Jersey, the answer is “No.” Under New Jersey’s law of “implied consent,” refusing to take a breath test when lawfully asked to do so is a stand-alone offense, which means that you can be penalized for your “DUI refusal” even if you are not actually guilty of drunk driving.

Did you refuse a breath test in Morristown? If so, here is what your Morristown DWI attorney will discuss with you.

What Is the Difference Between a Breath Test, a Breathalyzer, and an Alcotest?

A breathalyzer is a type of device that was used to conduct breath tests over a decade ago in New Jersey. Today, the police in Morristown use a breath-testing instrument known as an Alcotest.

The Arresting Officer Must Have “Reasonable Grounds” to Believe You are Guilty of DUI

In order for New Jersey’s implied consent law to apply, the arresting officer must have “reasonable grounds” to believe that you are guilty of DUI. Section 39:4-50.2 of the New Jersey Statutes states:

“Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in [New Jersey] shall be deemed to have given his consent to the taking of samples of his breath . . . to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle [while intoxicated or under the influence of alcohol].”

Lack of “reasonable grounds” is one of several potential defenses to a DUI refusal. To determine whether you can challenge the justification for the officer’s request for a breath sample, you should write down as many details of your arrest as you can remember to share with your Morristown DUI lawyer.

The Arresting Officer Must Advise You of Your Rights

When seeking to conduct a breath test, the arresting officer must advise you of your rights under New Jersey’s implied law. If you were not adequately advised during your arrest, this could provide an additional defense to your DUI refusal. The police are required to inform you of:

  • Your right to obtain a copy of your test results upon request;
  • Your right to have an independent test performed by a physician of your choosing; and,
  • The penalties for refusing to submit to a breath test.

The Penalties for DUI Refusals are Severe

The penalties for DUI refusals in New Jersey are severe, and, as we mentioned above, you can be convicted of a DUI refusal even if you were not driving under the influence of drugs or alcohol. The penalties for a first-time DUI refusal include:

  • Hundreds of dollars in fines and fees
  • A three-month ignition interlock device requirement
  • $1,000/year surcharge for three years
  • A minimum of 12 hours of mandatory alcohol education at a cost of $230 per day

These penalties increase substantially if you have one or more prior DUI convictions.

Does New Jersey’s Implied Consent Law Apply to Non-Residents?

Yes. New Jersey’s implied consent law applies to both residents and non-residents. Section 39:4-50.2 of the New Jersey Statutes states, “Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in [New Jersey] shall be deemed to have given his consent to the taking of samples of his breath . . . to determine the content of alcohol in his blood.”

Speak with Morristown DUI Lawyer Scott Gorman

If you refused to consent to a breath test during your DUI arrest, it is important that you discuss your situation with an experienced Morristown DUI lawyer. To schedule a free consultation at The Gorman Law Firm, please call (201) 489-9199 or contact us online today.

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