Should You Refuse To Take A Breathalyzer In NJ?

lady of justice2Many people have asked me whether or not they should have taken or refused to submit to a breathalyzer test.  Some people are under the impression that if you refuse the test then you cannot be charged with DWI/DUI.  That is not the case.  If you refuse to take a breathalyzer you can still be charged with DWI/DUI.  There are field sobriety tests that will be done, which will be video taped.  There are a host of factors that the officer will use to determine whether or not someone is intoxicated.  The problem with refusal is that there is additional loss of license and fines.  First offense 7 months to 1 year loss of license and fine of $300 to $500; Second offense 2 years loss of license and fine of $500 to $1,000; and Third offense 10 years loss of license and fine of $1,000.  If within 1000 feet of a school zone, duration of loss of license and fines are doubled.  So, it's a decision that everyone must make on their own, but keep in mind there is additional loss of license and fines. (See full NJ DWI Statute)

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