DWI checkpoints and arrests are so common that almost everyone has a story to tell. For every one of those stories, there’s a person giving advice on what to do when one is asked to take a Breathalyzer test. It can be hard to separate good advice from bad, without the help of Dwi Lawyers Woodbridge NJ. Below is an explanation of the consequences of declining to take a Breathalyzer test.
What Will Happen to Someone Who Refuses the Test?
If a person refuses to take a breath analysis, they will face severe consequences. If a law enforcement officer believes a driver to be intoxicated, and the driver refuses to submit to testing to determine BAC, the person risks losing their license or being sent to jail. While a refused Breathalyzer test doesn’t mean that a person is under arrest, refusal isn’t a good idea for other reasons. Prosecutors can base DWI charges on other evidence, such as officer and witness testimony, or the results of field sobriety testing.
Implied Consent
Because driving is regarded as a privilege rather than a right, the state can revoke or suspend a person’s license, assess fines, or impose a prison sentence upon one who refuses a BAC test. Under the law of implied consent, a person implicitly consents to testing in exchange for their driving privileges. Drivers are typically penalized for refusal by losing their license for up to a year, and one with a prior DWI can face a longer suspension or a jail sentence. However, Dwi Lawyers Woodbridge NJ may tell clients that a penalty for refusal is less than that for a subsequent DWI conviction.
Enforcement
In response to those who refuse breath analysis as a means of avoiding self-incrimination, some jurisdictions have adopted initiatives that force suspects to take tests in the presence of a warrant. A police officer’s ability to get an electronic warrant addresses the problem encountered when a suspect has time to sober up before a paper warrant is obtained. Moreover, refusal of such a test can result in contempt charges or the forcible withdrawal of blood for testing. Click here for more details.
Rules on consent to sobriety testing are complex, and drivers should consult Harrell Smith & Williiams LLC in Woodbridge NJ to learn about their responsibilities and rights. If one faces DWI charges, or if they want to learn more about the state’s rules, they should consult Dwi Lawyers Woodbridge NJ.
