Ways To Avoid Breath Test Reading in New Jersey

 

Ways To Avoid Breath Test Reading in New Jersey

Getting pulled over for suspected drunk driving is scary. The flashing lights in your rearview mirror make your heart race. And when the officer asks you to blow into the breathalyzer, your mind spins. What should you do?

While New Jersey’s implied consent law says you must submit to a breath test, you still have rights. This article reviews ways DUI defendants in New Jersey can challenge breathalyzer results. We’ll also look at the consequences of refusing the breath test.

Can Police Force You to Take a Breath Test in New Jersey?

Let’s start with the basics. Can the police physically force you to blow into the breathalyzer machine during a DUI stop? The short answer is no.

Under New Jersey’s implied consent law, by driving you agree to submit to a breath test if an officer requests one. However, the police cannot pin you down and force air from your lungs into the machine.

That said, refusing the breath test brings penalties. We’ll cover those shortly.

The Implied Consent Law in New Jersey

New Jersey’s implied consent law states that by driving on public roads, you consent to take a breathalyzer if an officer asks you to.

When you get pulled over for suspected drunk driving, the officer must read you your rights under this law. They’ll explain that refusal brings consequences. However, the police still cannot physically force you to blow into the machine if you refuse.

When Can You Refuse the Breath Test?

You may refuse the breathalyzer if the officer lacks reasonable suspicion to pull you over or probable cause to arrest you for DUI.

For example, say the officer stopped you for a busted taillight. But they didn’t see signs of intoxication like slurred speech or poor coordination. In that case, you could refuse the breath test, since there was no probable cause you were driving drunk.

You can also refuse if the officer doesn’t follow proper procedures, like reading your rights.

What Counts as Refusing the Breath Test?

You don’t have to flat out say “no” to refuse the breathalyzer. Actions like:

• Remaining silent when asked to take the test
• Stalling or delaying the test
• Making your breath test conditional
• Manipulating the test by fake blowing

Could count as refusal in New Jersey. Anything other than an affirmative “yes” or “I will” could bring penalties.

Penalties for Refusing a Breath Test in New Jersey

While refusal is possible, it brings consequences. For a first offense, you’ll face:

• License suspension
• $300 to $500 in fines
• Installation of an ignition interlock device
• Mandatory alcohol education

Penalties get worse for repeat offenses. You’ll also pay insurance surcharges and fees.

So while the police can’t force you to blow, refusal has downsides. You must weigh these carefully.

Defenses to DUI Breath Test Refusal Charges

If you refused the breath test and face charges, several defenses may apply. For example:

• The officer lacked reasonable suspicion to pull you over
• The officer didn’t read your rights properly
• You were unable to provide a breath sample due to medical issues

An experienced DUI lawyer can evaluate the facts of your case and build strong defenses.

5 Ways to Challenge Breathalyzer Results in Court

Even if you took the breath test, the results could be flawed. Here are 5 ways a skilled DUI attorney can dispute your breathalyzer readings:

1. Question the Breathalyzer Machine’s Reliability

The Alcotest 7110 MKIII-C is currently used for breath tests in New Jersey. But it’s been plagued with reliability issues.

In 2008, the NJ Supreme Court ruled the Alcotest machine unreliable. The state had to issue software fixes before the devices could be used again. Faulty calibrations and readings remain a problem though.

An attorney can request maintenance records, calibration checks, and software updates for the device used in your case. They can look for evidence of malfunctions that cast doubt on your results.

2. Challenge the Officer’s Administration of the Test

Strict procedures exist for administering breath tests in DUI cases. The officer must observe you for 20 minutes before testing to ensure you don’t burp, vomit, or put anything in your mouth.

They must also follow device-specific steps provided by the manufacturer. Deviating from the requirements can make results invalid.

If the officer rushed your test or didn’t follow the rules, your attorney can argue against admitting the results.

3. Claim Mouth Alcohol Contamination

Mouth alcohol like leftover booze or burps can falsely inflate breath test results. Your attorney can argue this occurred if testing was rushed.

They may also request the officer’s observation notes. If these reveal burping or vomiting, it can prove mouth alcohol skewed your readings.

4. Use a Rising Blood Alcohol Defense

It takes time for consumed alcohol to enter your bloodstream. So your BAC may have been lower when driving versus when you took the later breath test.

If you stopped drinking well before driving, or only had your last drink shortly before getting pulled over, your attorney can argue your BAC was rising between the stop and the test. This could make the breathalyzer results seem artificially high.

5. Request a Separate Blood Test

Under New Jersey’s implied consent law, you can request an independent blood test after taking the breathalyzer. If your blood test results contradict the breathalyzer readings, it undermines the state’s evidence against you.

Your attorney may also be able to suppress the breath test results if you asked for a blood test at the time of arrest and were wrongly denied.

Don’t Face DUI Charges Alone

Being arrested for DUI is scary. While refusing the breath test is an option, it can bring serious penalties. That’s why it’s critical to consult an experienced DUI defense attorney if you find yourself in this situation.

A knowledgeable lawyer can evaluate whether you have grounds to refuse the breathalyzer under New Jersey law. If you take the breath test, they can challenge faulty results in court. And if you face refusal charges, they can build strong defenses on your behalf.

No one expects to get arrested for drunk driving. But with an attorney guiding you, you can mitigate damages and work to secure the best possible outcome for your case. Don’t go it alone against seasoned DUI prosecutors. The stakes are too high.