Don’t I Have A Fifth Amendment Right To Refuse Breath Testing In NJ?

This is an interesting question, because yes, you have a right to refuse to give samples of breath, blood, or urine when the police ask for one and they cannot, under the law, physically restrain you to force you to surrender the samples.

That’s true in DUI/DWI cases as well as every other matter the police may be involved with, and that right to refuse is a core component of what it is to be an American.

But here’s the other side of refusal: A state-issued driver’s license is not an inalienable right in New Jersey or the United States.

When you apply for and receive a driver’s license in New Jersey, you are giving your consent to chemical testing when police suspect intoxication.

Because you have previously given your consent, if you later choose to refuse, you may be charged with refusal, which carries many of the same penalties as DWI, and as an added bonus, you may still be convicted of drunk driving!

If you’ve been charged with Refusal in New Jersey, don’t take chances on your future.

Call attorney Matthew Reisig at 732-625-9660 and learn how to fight back and keep your license and driving record whole.

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