Am I required to provide a breath test?

NJ DWI FAQ  |  See also:  NJ Criminal Defense FAQ

Q) Am I required to provide a breath test?

A) New Jersey drivers have been required to submit to a chemical breath test to confirm blood alcohol concentration (BAC) since the early 1950’s.  In its early stages, a refusal to submit to a breathalyzer examination did not impose significant penalties; therefore, a refusal in the past may have been an advisable approach in order to avoid providing the police with sufficient proof to convict an individual of DWI or DUI.  Recognizing the weakness, the legislature has continually strengthened the refusal law to a point where the current refusal statute carries an automatic license suspension equal to that of the upper tier (i.e., above .10) DWI or DUI.

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