If I Get Pulled Over, Should I Submit to a Breath Test?
Under New Jersey’s implied consent law, a driver agrees to have their Blood Alcohol Content (BAC) tested the moment they operate a vehicle. Therefore, failure to submit to a breath test results in automatic arrest and penalty. Still, a question we are often asked is, “should I submit to a breath test?”
At the point an officer is asking you to submit to a breath test, they have reason to believe you are under the influence of drugs or alcohol. This can be because of careless or unusual driving, or indicators such as slurred speech or an odor of alcohol. It is in the state’s best interest to get people to submit to breath testing, and the refusal itself is a crime. If you refuse to submit to a breath test, you will be arrested on the spot. A refusal often leads to an automatic conviction which can be very difficult to contest in court, so it is better to take the test and seek the help of an experienced NJ DUI lawyer.
Penalties for Refusal to Submit to a Breath Test
The penalties for failing to comply with the police and submit to a breath test under the NJ Refusal Statute (N.J.S.A. 39:4-50.4a) are comparable to a DUI charge, and get worse with each subsequent offense.
First Refusal Offense
- Fines ranging from $300 to $500, plus additional fees.
- Suspension of driver’s license for seven months to one year.
- 12 Hour Mandatory attendance of the Intoxicated Driver Resource Center (IDRC)
- New Jersey Motor Vehicle Commision (MVC) surcharges of $1,000 a year for three years
- Installation of an ignition interlock device (IID) for one to three years once license is restored.
Second Refusal Offense
- Fines ranging from $500 to $1,000, plus additional fees.
- Suspension of driver’s license for at least two years. There is no exception to this.
- All other First Refusal penalties
Third Refusal Offense
- Fines beginning at $1,000, plus additional fees.
- Suspension of driver’s license for at least ten years. There is no exception to this.
- All other First Refusal penalties
Refusing a Field Sobriety Test (FST)
An officer who has pulled you over on suspicion of driving under the influence may also ask you to take a physical field sobriety test, or FST. A field sobriety test is comprised of at least three basic actions that the officer will ask the driver to perform:
- The horizontal gaze nystagmus test, where the driver must follow an object held by the officer with their eyes
- The one-leg stand test, where the driver must stand with one leg lifted in the air for thirty seconds
- The walk-and-turn test, where the driver must walk with one foot directly in front of the other, turn, and walk back
Unlike the breathalyzer test, you are under no legal obligation to complete the FST. They have low pass rates and can be difficult even for sober drivers, are entirely at the officer’s discretion, and are designed to incriminate you. If an officer asks you to perform an FST, calmly and politely refuse.
Contact Schneider Freiberger today to discuss your options regarding NJ DUI offenses.