The Consequences of Refusing to Take a Breathalyzer Test

Breathalyzer test

When a person is pulled over by the police on suspicion of driving under the influence (DUI), the officer may administer a field sobriety test, followed by a Breathalyzer test. A Breathalyzer test is one of the many tests that police officers use to take drivers suspected of being under the influence into custody.

Most states have implied consent laws regarding these types of tests. This means that when a person applies for and is issued a driver’s license, he or she is automatically giving consent to a Breathalyzer and other tests, whenever necessary, to determine impairment. However, many people refuse to take this test.

Refusing to take a Breathalyzer test can result in serious consequences. Your driver’s license may be revoked or suspended for up to 12 months, fines may be imposed, and you may face a jail term for not submitting to a BAC test when suspected of a DUI. Drivers with past DUI convictions can face even longer suspensions or jail time.

Refusing a Breathalyzer test is not advisable because prosecutors may still base a potential DUI charge on other evidence collected at the scene, such as officer observations, witness testimony, or the results of a field sobriety test. The refusal may also be used against you in a future trial.

Contact Us

New Jersey has extremely tough laws for refusing to take a Breathalyzer test. The consequences can have a devastating effect on a person’s career and family. If you or a loved one has been arrested and charged with a DUI or Refusal, you should speak with attorney Joel Silberman as soon as possible to start preparing a defense. Call 800-889-3129 or email joel@joelsilbermanlaw.com.


Penalty for a DUI Charge


Like any other criminal charge, a person charged with driving under the influence (DUI) is presumed innocent until he/she is proven guilty. If you are found guilty, the penalty will depend on the state law, as well as on any other circumstances, e.g., if there was an open bottle of liquor in the car; and your cooperation with the police. The following are the penalties for a DUI charge:

Jail Time

In all states, first-offense DUI is a misdemeanor, and punishable by up to six months in jail. This jail time can be increased under certain circumstances. In some states, if the blood-alcohol content at the time of arrest was very high and crossing the legal limit of 0.08%, the punishment can be more severe.

In most states, a minimum jail sentence of at least several days on a first offense is required. Subsequent offenses will result in a jail sentence of several months to a year.

For a DUI that is a felony because either the driver killed or injured someone, or because it’s your third or fourth DUI, a jail sentence of several years can be given.


Courts also impose high fines for a DUI in addition to a jail sentence. This can range from $500 to $2,000.

License Suspension

Your license can be suspended for a considerable period of time. In many states, a first time offender’s license can be suspended for 90 days. A second time offender’s license can be suspended for one year; and a third time offender’s license can be suspended for three years. If you refuse to take a blood, breath, or urine test, it can result in license suspension. In some states, if you are a repeat offender, you may not be allowed to get back on the road. Your registration can be canceled temporarily or permanently and the state may confiscate your car.

Young Offenders

In most states, the legal drinking age is 21. A minor who is arrested for driving while under the influence will not get any respite from punishment. Adult sentences on minors can be imposed, and their license suspended for one year.

Other Forms of Punishment

In many states, a court sentence may include alcohol education and prevention programs, rehabilitation for alcohol abuse, assessment of a person for alcohol or drug dependency, and community service or victim restitution. If you are a first time offender, these programs can be recommended instead of jail time or paying fines.

Other Consequences

Your insurance company may also cancel the insurance policy or increase the rates because of the mark on the driving record. A DUI charge stays on a person’s driving record for many years. If your license is suspended, the insurance company may cancel the insurance policy.

Get in Touch with Defense Lawyer from The Law Offices of Joel Silberman, LLC

After being convicted under DUI charges, you can still protect your rights. You have the right to contact your DUI defense lawyer. We will work to protect your rights, and fight on your behalf to avoid a serious criminal conviction. Get in touch with The Law Offices of Joel Silberman, LLC You can call us at (800) 889-3129 or email us at joel@joelsilbermanlaw.com.


Criminal Defense in New Jersey – The Three Phases of DUI Detection

Driving under the influence (DUI) is a crime of driving a motor vehicle while impaired by alcohol or drugs. If you are arrested for DUI, then hiring a criminal defense attorney will help you.

Three Phases of DUI Detection

In DUI investigations, police officers follow guidelines during the process. There are three phases in the DUI investigation.

  1. Vehicle in motion: In this phase, the officer decides whether to stop the vehicle by observing the manner in which the vehicle is driven. If the officer stops the vehicle without a probable cause, then it is a violation of the United State Constitution.
  2. Personal contact: In this phase, the officer makes face-to-face contact with driver and observes appearance, behavior, coordination, and verbal interaction.
  3. Test: In this phase, the officer tests the driver’s blood alcohol level. The driver has a right to refuse the test, but may be penalized.

Criminal Defense Attorney in NJ

When you are facing criminal charges, you need to hire a criminal defense attorney to fight for you. Attorney Joel Silberman, a NJ criminal defense attorney, is dedicated to fight for individuals that are facing federal, state and municipal charges. Contact attorney Joel Silberman at 201-273-7070.


Traffic Offenses in New Jersey

Traffic offenses are serious violations in New Jersey. The information below discusses types of traffic offenses. If you are accused of a traffic offense, then contact Mr. Joel Silberman for legal assistance. Call 201-273-7070 / 800-889-3129 for a consultation.

Types of Traffic Offenses

Defending DUI Charges

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