The Consequences of Refusing to Take a Breathalyzer Test

Taking a 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 201-420-1913 or email

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