Refusal in a School Zone

 

Refusing a Breath Test in a New Jersey School Zone – What You Need to Know

Getting pulled over for suspected drunk driving is scary enough. But when it happens in a school zone, the stakes get even higher. New Jersey has strict laws against driving under the influence (DUI), especially in areas where children gather. So what happens if you refuse to take a breath test after being stopped near a school?

Let’s break down how breath test refusals work in school zones. We’ll also look at the pros and cons of refusing vs. consenting to a breathalyzer. With some background knowledge, you can make the best choice if you ever find yourself in this situation.

New Jersey’s Implied Consent Law

First, it helps to understand New Jersey’s “implied consent” law. This law says that by driving in the state, you automatically consent to taking a breath test if an officer suspects you of DUI.

So when you get pulled over for possible drunk driving, the police already have the right to test your blood alcohol content (BAC). You don’t have to verbally agree to or sign anything. Your consent was implied when you got behind the wheel.

If you refuse to blow into the breathalyzer, you are revoking the consent you already gave by law. That triggers penalties on top of any DUI charges.

What Happens If You Refuse a Breath Test in a School Zone?

Now let’s talk specifics about refusing a breath test in a school zone.

In New Jersey, school zones have a radius of 1,000 feet around any elementary or secondary school. This includes the school building itself and surrounding streets or sidewalks. DUI laws are much stricter within these areas when school is in session or children are present.

If you refuse a breath test in a school zone, two major things happen:

1. Your driver’s license is suspended for 7 months to 1 year.
2. You face fines and fees up to $1000.

The license suspension happens automatically, even before you go to court. It’s an administrative penalty for disobeying the implied consent law.

On top of that, you’ll pay heavy fines and court fees if convicted of DUI. The exact amount depends on your case details. But in a school zone, fines can reach $1000 on a first offense.

So in total, a breath test refusal can lead to over a year without a license plus thousands in fines and other costs. That’s on top of any penalties for DUI itself.

Are There Any Pros to Refusing a Breath Test?

With such steep penalties, why would anyone refuse to blow? There are a few potential pros in some cases:

• Buying time. The results of breath or blood tests can’t be reversed. But refusing buys you time to consult a DUI lawyer and develop a defense strategy.
• No solid BAC evidence. With no breath sample, police must rely on observations and field sobriety tests. If those don’t clearly show intoxication, the DUI case could get dismissed.
• Possibility of no conviction. Even if you are convicted of DUI, there’s still a chance of avoiding the refusal conviction if you can justify not taking the test.

However, these pros are not guaranteed. Police observations and sobriety tests can still lead to a DUI conviction without breath results. And it’s very hard to successfully fight a refusal charge.

When Does Refusal Make Sense?

As you can see, refusing a breath test is a high-risk legal strategy. The potential rewards come with almost certain penalties.

Here are some cases where refusal may be worth it:

• You are clearly under the legal BAC limit – Refusing protects you from faulty breath results. And with discipline, you can go a year without driving to avoid suspension impacts.
• The officer makes procedural errors – Breath tests can get thrown out if not administered properly. Refusing buys time to investigate errors and suppression options.
• You have an illness that affects results – Some medical conditions like diabetes can cause false high breath test readings. Refusing avoids distorted results.
• You recently drank but feel unimpaired – Your BAC might be elevated from recent drinking, but you feel sober. Refusing prevents distorted legal outcomes.

Outside of limited cases like these, refusing a breath test is not recommended. The guaranteed penalties usually outweigh any potential advantages.

Consequences of Refusing vs. Failing a Breath Test

To make an informed choice, you also need to know the consequences of failing vs. refusing a breath test.

If you take and fail the breathalyzer, you face DUI fines and license suspension. But you generally avoid the refusal penalties.

If you refuse, you face all the DUI penalties plus refusal fines and suspension. The total consequences are usually much worse.

The one exception is if your failed breath result is under 0.08%. Then you can still beat the DUI based on actual impairment vs. BAC number.

Consulting a DUI Lawyer

Because of the complexities around breath test refusal, it’s smart to consult a DUI lawyer if you ever face this decision. An attorney can offer case-specific advice on the best legal strategy.

Having a lawyer already retained can also help you avoid hasty, emotional decisions in the heat of the moment after getting pulled over. Instead of making a split-second choice, you can call your lawyer for guidance.

Look for a DUI attorney with specific experience fighting breath test cases. Ask about their success record with test suppression and refusal defense.

A knowledgeable lawyer may recommend options like:

• Negotiating a plea deal to avoid refusal penalties
• Requesting an administrative hearing to fight the suspension
• Challenging improper testing procedures
• Asserting exemptions like medical conditions

While every case is different, an experienced DUI lawyer can help steer you away from the harshest consequences.

Fighting DUI Charges in School Zones

Even if you refuse a breath test, skilled DUI lawyers have many strategies to contest the underlying DUI charges in school zones:

• Invalid traffic stop – If the officer didn’t have valid reasons to pull you over, all evidence can get thrown out.
• Faulty sobriety testing – Field tests must be administered correctly per standards. Errors can make results inadmissible.
• No proof of “operation” – Merely sitting in a parked car with keys isn’t necessarily “operating” it drunk.
• No signs of impairment – For school zone DUIs, subjective signs of intoxication must be proven beyond just BAC numbers.

These are just a few examples. An attorney who specializes in school zone DUIs will know the full range of defenses. Don’t hesitate to explore your options.

Takeaways on Refusal in School Zones

Being asked to take a DUI breath test in a school zone puts you in a tough legal spot. Strict penalties face drivers who refuse, but failing the test brings consequences too.

There’s no one-size-fits-all answer on the best choice. But by learning the law and weighing the pros and cons, you can make an informed decision. Be sure to consult an experienced DUI lawyer for guidance as well.

With smart legal help, you can move forward from a school zone DUI arrest in the best possible way. Don’t hesitate to exercise your rights and explore all possible defenses. The stakes are high, but the right lawyer can help you reach the best outcome.