Being pulled over and asked to take a breath test by New Jersey police officers can be overwhelming for drivers. However, it’s important to learn whether or not you have to consent to a breath test and what happens if you refuse to take one.
When you get a driver’s license in New Jersey, you consent to take a breath test in the future. A New Jersey police officer may ask you to take a breath test if they notice you driving recklessly and suspect you of being intoxicated. New Jersey drivers should know that they are not required to take this initial breath test, which is known as a presumptive breath test, if such a test is given. However, if you are subsequently arrested for a DWI, you must take the chemical breath test administered by police. Then, reach out to an attorney for help.
Our lawyers are here to help New Jersey drivers facing DWI charges or charges for refusing to take a breath test. For a free case evaluation with the New Jersey DWI attorneys at the Law Offices of John J. Zarych, call today at (609) 616-4956.
Do You Have to Consent to a Breath Test in New Jersey?
In New Jersey, drivers are only required to take breath tests in certain situations. If you have not been arrested for a DWI, you do not typically have to consent to a breath test. However, if you’ve been arrested, you must take a chemical breath test to assess your blood alcohol level in New Jersey.
Presumptive Breath Test
A New Jersey police officer may attempt to administer presumptive breath test (PBT) after pulling you over. However, you are not required to take this type of breath test in New Jersey. Think of a PBT as another field sobriety test. Just like how a New Jersey police officer cannot immediately tell you to get out of your car and walk in a straight line without reason to believe you are intoxicated, they cannot administer a PBT without your consent. Although you are not required to take a PBT, refusal can have consequences.
Chemical Breath Test
If you are arrested for a DWI in New Jersey, then you have to take a chemical test administered by police officers.
New Jersey driver police officers don’t require your verbal consent to administer a chemical breath test because they already have it. Under New Jersey law, drivers give implied consent to taking a chemical breath test upon arrest for a DWI when they get their driver’s licenses.
Generally speaking, New Jersey law enforcement officials need probable cause to arrest drivers for a DWI and to administer a chemical breath test. If a police officer does not have reason to believe you are driving while intoxicated and asks you to take a breath test, reach out to a Haddonfield DWI attorney. Police officers must also read you a warning about refusals when administering the test you cannot refuse. Your lawyer may be able to get the charges against you dismissed if you are subsequently arrested for a DWI.
Reasons Why a New Jersey Police Officer Might Administer a Breath Test
Generally, police officers can’t ask you to take a breath test without having reasonable suspicion to believe you are driving while intoxicated. There are several reasons why a New Jersey law enforcement official may ask you to take a breath test, so it’s wise for drivers to learn them.
Generally speaking, a New Jersey police officer may ask you to take a breath test in one of two circumstances. If a law enforcement official pulls you over for a reason unrelated to your driving, like a broken taillight, and then suspects you are intoxicated, they may administer a breath test.
Alternatively, a New Jersey law enforcement official may administer a breath test if they notice you driving recklessly. For example, if a driver is swerving on the road or running red-lights, a diver may pull them over out of concern that they are drunk. In that case, a police officer may ask you to take a breath test immediately. However, if a New Jersey police officer asks you to take a PBT, you do not need to comply.
Finally, a New Jersey police officer will likely administer a chemical breath test after arresting you for suspicion of a DWI. After being arrested for driving while under the influence, you must take a breath test in New Jersey.
What Happens if You Refuse to Take a Breath Test in New Jersey?
Because you consent to taking a chemical breath test when you get your driver’s license in New Jersey, refusing to take a test upon a police officer’s request during arrest can have serious consequences. Refusing to take a presumptive breath test can also have consequences that New Jersey drivers may not anticipate.
If you are arrested for a DWI and subsequently refused to take a chemical breath test, you can lose your license for a significant time period. Drivers who refused to take a breath test and are facing criminal charges for that refusal should hire an Ocean City DWI attorney right away. Losing your license can significantly impact your life and is a potential penalty if you refuse to take a breath test, even if you were not intoxicated at the time.
New Jersey drivers can be arrested for refusing to take a breath test, even if they don’t outright refuse. For example, not responding to a police officer when they ask you to take a breath test can result in arrest. Not providing a substantial sample when blowing into the testing device can also result in arrest. Essentially, anything other than immediate consent can result in an arrest for refusing to take a breath test.
Although it is your right to refuse a presumptive breath test, refusal can ultimately work against you and contribute to an officer forming probable cause for your arrest.
What Should You Do if a New Jersey Police Officer Administers a Breath Test?
Unfortunately, many New Jersey drivers may be unaware that they’ve already consented to take a breath test by having a valid driver’s license. Because of this, they may not know the consequences of refusing a breath test or what to do when a police officer asks them to take one.
If a New Jersey law enforcement official asks you to take a breath test, listen to them. New Jersey drivers may be offended when a police officer asks them to take a breath test, especially if they are not intoxicated at the time. However, stubbornness and questioning a police officer’s reason can lead to arrest. That said, if you don’t believe an officer has probable cause to administer a test, you may be hesitant to take it. However, taking a breath test is often necessary as refusal can result in serious penalties.
If you’ve recently refused to take a breath test or took a test and were arrested for driving while intoxicated, reach out to a Sea Grit DWI attorney. Your lawyer can build a defense that allows you to beat the charges against you and move forward with your life after a DWI arrest in New Jersey.
Call Our New Jersey Lawyers if You’ve Recently Been Arrested for a DWI
If you’re facing DWI charges in New Jersey, our experienced attorneys can help. For a free case evaluation with the New Jersey DWI attorneys at the Law Offices of John J. Zarych, call today at (609) 616-4956.
