NJ Breathalyzer Refusal Attorney

You may have received a DUI or DWI already, or maybe you are just thinking about what will happen if you ever get pulled over after a night of drinking fun. Encounters with the police can be especially nerve-racking and stressful. Therefore, it is easy to get caught in the moment and make a mistake. One common mistake is breathalyzer refusal. It stands to reason that if you do not submit to a breathalyzer, you increase your chances of winning your case. However, the reality is, breathalyzer refusal can actually do more harm than good. If you have made a mistake and are now facing DUI charges, contact us immediately, we are here to help.

What To Do When You Are Pulled Over

If you are pulled over by the police, they will often ask you to perform field sobriety tests. However, these tests are not a requirement and rarely help your case. You can respectfully and politely decline to participate in field sobriety tests. It is also a good idea to not say anything incriminating to the officer. Admitting to drinking earlier in the day is often enough probable cause to arrest you for a DUI. Remember, you have the right to remain silent and you should. Even if you don’t give the officer any additional evidence, they could still ask you to submit to a breathalyzer.

New Jersey, like many other states, has an implied consent law. This law states that by driving you are giving consent to submit to a blood alcohol content(BAC) test. Therefore, if an officer asks you to submit to testing, you must do so. Refusing to take a breathalyzer will result in DUI charges. Additionally, it is more difficult for an attorney to defend you against breathalyzer refusal than it is in DUI cases. However, there are still ways an attorney can help if you refuse to take a breathalyzer.

There are mandatory fines and penalties for DUI offenses. Whether it’s your first, second or third offense will determine the amount of the fine and other punishments such as jail time.

Choosing A Breathalyzer Refusal Attorney

Keep in mind that a DUI can also come when you are operating other vehicles such as a recreational boat or any other motorized device. If you have made a mistake and are now facing DUI charges, we are here to help. We understand that many good people make mistakes and we will do everything in our power to keep that mistake from haunting you for years to come. Call Herring Defense for a free consultation at 844-652-2287.