What Is Their Purpose? Can You Legally Refuse to Take One? Can They Be Contested in Court?
You’ve been stopped by law enforcement officers. As a routine part of the traffic stop, the officer inquires if you’ve been drinking. When you answer affirmatively, the officer tells you that you must submit to an onsite blood alcohol test. What is the purpose of the BAC test? Can you refuse to take the test? If you take and fail the test, can the results be challenged in court?
What Is the Purpose of the Blood Alcohol Test?
Though you can be convicted in New Jersey of DWI based on the eyewitness testimony of the arresting officer, drunk driving charges are most commonly based on BAC test results. Under New Jersey law, if your blood alcohol level is .08% or higher, you can be charged with driving while intoxicated. The BAC test provides evidence of guilt or innocence.
Can You Refuse to Take a BAC Test in New Jersey?
Though you can refuse to submit to a blood alcohol content test in New Jersey—law enforcement officers may not compel you to take the test—there are significant consequences for failing to do so. New Jersey has an implied consent law, which requires drivers, by virtue of getting behind the wheel, to submit to a BAC test when a police officer has probable cause to suspect intoxication. A refusal to submit can result in license suspension, fines, and even the installation of an ignition interlock on your vehicle.
Can You Challenge the Results of a BAC Test in Court?
Absolutely. There are a number of ways that the test itself can be questioned:
- Evidence that the breathalyzer was not properly calibrated, or was otherwise wrongfully used
- Evidence of technical errors in administering the test, such as a failure to replace the mouthpiece between subjects
- Evidence that the person conducting the test was not certified, licensed, or qualified
- Evidence that the sample was improperly obtained, such as in an illegal traffic stop
Contact Attorney Howard N. Sobel
At the office of Howard N. Sobel, we aggressively advocate for people in New Jersey who have been charged with drinking and driving or driving while impaired. contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.
Named a New Jersey SuperLawyer Every Year 2010—2024
