Drivers pulled over for suspicion of driving while intoxicated (DWI) often face a critical decision when asked to take a breath test. This test measures blood alcohol concentration (BAC) and helps law enforcement determine if a driver is impaired. Refusing a breath test may seem like a way to avoid trouble, but it carries serious consequences.
Implied consent laws and refusal penalties
New Jersey enforces implied consent laws, which require drivers to submit to chemical testing, including breath tests, if lawfully stopped for suspected DWI. By obtaining a New Jersey driver’s license, individuals agree to these terms. Refusing a breath test violates these laws and leads to immediate penalties, even without a DWI conviction.
In New Jersey, refusal penalties include an automatic license suspension of seven months to one year for a first offense. Subsequent refusals result in longer suspensions, higher fines, and mandatory participation in an Intoxicated Driver Resource Center program. Additionally, refusal can lead to installation of an ignition interlock device at the driver’s expense and increased insurance surcharges under the state’s Motor Vehicle Commission guidelines. In many cases, refusal also results in enhanced charges or sentencing if the driver is convicted of DWI.
Refusal as evidence in court
Refusing a breath test does not guarantee avoiding a DWI conviction. Prosecutors often use a driver’s refusal as evidence that they are intoxicated. They may argue that refusal indicates an attempt to hide impairment. This can influence a judge or jury and make it harder to challenge the charges.
Increased insurance rates and other consequences
Drivers who refuse a breath test often face increased car insurance rates. Insurance companies may view refusal as an admission of risky behavior. This can result in significant premium hikes or policy cancellations. Additionally, some states require drivers who refuse testing to install ignition interlock devices at their own expense.
Understanding the consequences of refusing a breath test helps drivers make informed choices during a traffic stop. While each situation is unique, cooperation with law enforcement and knowledge of state laws can significantly impact the outcome of a DWI case.