NJ Breathalyzer Laws

The Breathalyzer: What Are Your Rights When Taking or Refusing A Breath or Blood Test

The first thing you should be aware of is that getting behind the wheel of any motor vehicle gives implied consent to the police to administer a breathalyzer test on you, at their discretion. If you refuse to take a breathalyzer test, this does not mean the police will be unable to determine whether or not there is blood in your system.The police have the authority to take you, against your will, to any hospital and have your blood drawn for testing.

Additionally, refusing a breathalyzer test is a separate offense which could result in stiffer penalties and longer terms of license revocation. In New Jersey, if you take and fail a breathalyzer and are found guilty of DUI you may lose your license for three months. On the other hand, refusing the breathalyzer could result in loss of license for seven months, even if you are found NOT guilty of the DUI charge.

If you refuse the breathalyzer and are found guilty of DUI, you will lose your license for an average of ten months. You will also be found guilty of refusing to take a breathalyzer, regardless of reasoning or excuse, which carries its own penalties.

That being said, do not assume that you will be found guilty or should plead guilty to a drunk driving charge if you take and fail a breathalyzer or blood alcohol test.The attorneys of John F. Marshall have the experience and resources to wipe out the evidence against you.

John F. Marshall is a former DUI prosecutor.He knows what angles the prosecutors will assume to work the evidence against you and he knows how to defend you from the evidence.In a recent case, Mr. Marshall was able to prove that a Breathalyzer machine used to measure his client’s BAC was delivering erroneous readings.Too bad for the previous individuals who did not consult with John F. Marshall and were convicted of drunk driving based on those erroneous readings!

If you would like to speak with one of our lawyers about circumstances surrounding your arrest, please call our Red Bank, NJ office toll free 877-450-830.