Can I Be Charged With Refusal If I Decline The Field Sobriety Test But Consent To The Alcotest In New Jersey?

No, refusal is a charge related to violating what is known as New Jersey’s Implied Consent law.

Basically, when you accept a driver’s license in New Jersey, you give consent to provide a chemical sample (usually breath) to police if they believe you are driving while intoxicated.

Field sobriety tests are not part of the implied consent law, but you should understand that refusing them may cause your judge to take a dimmer view of your case.

There are reasons why you may have declined, and it’s important that you have a knowledgeable advocate who can present the facts of your case in the most beneficial way.

Most police officers aren’t certified in administering field sobriety tests, and if things like the weather or traffic conditions made performing them feel unsafe, the court may take a more favorable view of your choice.

Attorney Matthew Reisig has beaten more than 1,000 DWI charges for clients in all New Jersey counties.

Call 732-625-9660 today for a free consultation with an experienced New Jersey DWI lawyer.

Comments on this entry are closed.

Free Case Review

No office visit required - we will be happy to talk to you about your situation. Available 24 Hours A Day
Local: 1-732-625-9660
Toll Free: 1-888-628-8394

  • This field is for validation purposes and should be left unchanged.