REFUSAL TO TAKE BREATHALIZER

Drunk Driving: Refusal to Take Breathalizer

Refusal to take breathalyzer In New Jersey, an individual impliedly consents to submitting a breathe test when they accept the driver’s license. A license to drive in New Jersey is not a right, it’s a privilege and a condition of that privilege is you are consent to take a breathe test if requested by a police officer. The penalties for refusal to smite to a breathalyzer are the same as conviction for a DWI. However, they are different defenses. Did the person actually refuse? Was it a subjective refusal where police officers didn’t really give the person a full opportunity to consent to the breathalyzer or breathe test. Was there some communication problem? Did the officer get the requisite form of consent signed by the individual? These are all defenses that you can prevent conviction to a refusal if they come out in your favor.

If you might have a Drunk Driving case, Contact our Drunk Driving lawyers immediately for help.

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