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Richardson Law Offices
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Can I Refuse to Take a NJ Breathalyzer?

No!  Absolutely not!  The law is quite clear in New Jersey that there is no Fourth Amendment right against search and seizure or Sixth Amendment right to counsel prior to taking the breath test.  If the police can demonstrate probable cause to arrest you for drunk driving, you have to take the test.

The two main reasons for not refusing to take the test are:
  1. the penalties for refusal are the same as for a DUI (and they can still charge you with DUI as well!); and
  2. there may be defenses to the drunk driving charge itself if you give the breath sample and are charged that would be moot if you are charged with a refusal.