DUI & Breathalyzer Test Results & Refusal

East Brunswick Breath Test Refusal Attorney

If you were arrested for drunk driving in Middlesex or Monmouth county, the police officer probably used the Alcotest breathalyzer machine to test your blood alcohol content (BAC). While the validity of this breath test machine has been challenged in New Jersey, our state Supreme Court has found Alcotest results to be valid.

The finding by the New Jersey Supreme Court doesn’t mean that Alcotest breathalyzer results can’t be challenged. However, it does mean that you should hire an experienced defense lawyer if you blew .08 or higher, which is the legal limit for adults in New Jersey.

Challenging Alcotest Breathalyzer Test Results

While the Alcotest breathalyzer is considered valid in New Jersey courts, no machine is foolproof and there are ways to question the results:

  • Was the breathalyzer test administered in a timely manner? If not, the results may not reflect your BAC at the time of your arrest.
  • Was the machine properly calibrated and maintained?
  • Was it operated by an individual properly trained to administer the Alcotest?

If the Alcotest was not administered properly, the BAC results can be suppressed. With offices in East Brunswick and Freehold, attorney Jeffrey Goldblatt has the experience to challenge breathalyzer test results.

What Happens if I Refused the Breathalyzer Test?

In New Jersey, the penalty for breath test refusal is the same as the penalty for failing the test. For a first refusal, your driver’s license can be suspended for 7 to 12 months. If you have prior breath test refusals or DUI/DWI convictions, the suspension periods will be substantially longer: Two years for a second conviction or refusal and 10 years for a third refusal or conviction.

If you have refused a breathalyzer test, it’s important to be represented by a skillful attorney so you aren’t subjected to consecutive suspension periods.

Can I Refuse the Field Sobriety Test?

In New Jersey, you can refuse the field sobriety or balance test. However, the court can consider your refusal to take the test as part of the evidence against you.

Contact a Breathalyzer Lawyer in Middlesex County, New Jersey

In addition to our weekly office hours, we offer evening and weekend appointments. If you have been charged with drunk driving in Middlesex, Monmouth, Ocean, Somerset, Mercer, Union or surrounding counties, call 732-238-8700 or contact us online to schedule a consultation with attorney Jeffrey Goldblatt.