NJ Breathalyzer Refusal Attorney
So you’ve stepped in it this time
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. It only takes one drink to get you into trouble. Some people think that one or two drinks won’t get them in any real difficulty when they are driving, but that’s just not the case. Even a tiny amount of alcohol can impair your driving ability. It halts or slows down your reaction time, so that if something does happen while you are driving under the influence, you are less than at your optimum ability to handle it. So it’s not just you that you should worry about, but everyone else that’s driving around you. You might be driving just fine, but you can’t anticipate the actions of those around you. Plus you shouldn’t be driving period after drinking. The only thing you can do after that is be charged with Breathalyzer Refusal.
What Is Drunk Driving?
The laws vary per state on what constitutes “drunk driving.” In New Jersey if your blood alcohol content is read with a Breathalyzer at a BAC (Blood Alcohol Concentration) of .08 or more, then you are legally considered intoxicated by the state. If you choose not to blow it is referred to as Breathalyzer Refusal. The police are able to determine this by a simple test where you blow out your breath into a device that reads this specific alcohol content for them. You might feel that you can avoid trouble by choosing to opt for Breathalyzer Refusal, but that’s not true in anyway. It would seem logical to fight a driving under the influence charge without any concrete proof. So a Breathalyzer Refusal seems like the way to go, but that is not how it works in New Jersey or many other states.
What To Do When You Are Pulled Over
If you are pulled over by the police, you are made to undergo verbal and movement sobriety test, and if decide to commit to a Breathalyzer Refusal here is what will happen. They will give you the DUI automatically anyway. If the officer feels that you are drunk then they can arrest you immediately on that charge. The State Of New Jersey Department of Motor Vehicles states that when you get your driver’s license, you at that time already give future “implied consent” to be breathalyzed when you get pulled over under the umbrella of suspicion that you’ve been drinking. It could be that the police officer saw you leave a bar late at night, you were swerving while driving, or they notice other odd behavior that might indicate you are drunk.
It won’t do you any good to choose Breathalyzer Refusal if you get pulled over, because at the police officer’s discretion they can also take you to the hospital to have your blood drawn anyway to determine your BAC. So would you rather blow in a machine quickly, or submit to a painful blood test? Seems easier to just submit to the original Breathalyzer test, right?
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 time behind bars. Yes, you can go to jail for even a first time offense. It’s a very serious offense which might even require years of probation with an officer of the court and mandatory alcohol awareness classes with an organization such as local Alcoholics Anonymous chapters. In any case, if you make the serious misstep of getting behind the wheel of a motor vehicle intoxicated then do yourself a favor and just submit to the Breathalyzer given by the police. It’s just best to be as cooperative as you can with law enforcement so you don’t make your situation worse with extra charges added on with a bad feeling over a Breathalyzer refusal.
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. You could even get arrested on a Segway if you are driving on it drunk! So think about that before you drive anything under the influence. Breathalyzer Refusal Attorney’s for a free consultation at 844-652-2287.