A law enforcement officer may pull you over on suspicion of driving under the influence (DUI) of drugs or alcohol. If so, they may first request that you blow into a breathalyzer device that reads your blood-alcohol content (BAC) level. After this, they may go one step further and ask that you step out of your vehicle to perform a series of field sobriety tests. This may entail walking in a straight line heel-to-toe, standing on one foot while counting aloud, and more. Understandably, you may feel uncomfortable being put on the spot like this. If so, please read on to discover whether you can refuse a field sobriety test during your traffic stop and how a seasoned Morris County DUI lawyer at Macri Law Firm can help you understand your legal rights in the matter.
Can I refuse a field sobriety test during my traffic stop?
The short answer is that you do not have a legal obligation to agree to participate in a field sobriety test during your traffic stop. However, the long answer is that doing so may not save you from a potential future criminal case made against you. That is, a law enforcement officer may still exercise their right to place you under arrest. This is if they have probable cause to believe that you are impaired, based on other collected evidence (i.e., breathalyzer test results) and observations. For example, they may notice the smell of alcohol on your breath or your slurred speech during your conversation. After this arrest, you may be issued a ticket with a court date for an arraignment, with criminal consequences ultimately pending the New Jersey criminal court’s final ruling.
What if I refuse to submit to a breathalyzer test?
Unlike field sobriety tests, New Jersey’s Implied Consent Law explicitly states that drivers automatically consent to chemical tests when they obtain their driver’s licenses. Therefore, at the time of their traffic stop for suspicion of DUI, a driver must undergo breathalyzer testing. So, if you refuse, you may be up against the following penalties, in addition to potential DUI criminal punishments:
- First-time offense:
- A fine of $300 to $500.
- A driver’s license suspension for seven to 12 months.
- A drunk driving enforcement fund surcharge of $1,000 per year for three years.
- Attend the Intoxicated Driver Resource Center (IDRC) for at least 12 hours.
- An ignition interlock device (IID) in your vehicle for nine to 15 months after your license is reinstated.
- Second-time offense:
- A fine of $500 to $1,000.
- A driver’s license suspension for up to 24 months.
- A drunk driving enforcement fund surcharge of $1,000 per year for three years.
- Attend the IDRC for at least 12 hours.
- An IID in your vehicle for two to four years after your license is reinstated.
- Third-time offense:
- A fine of $1,000.
- A driver’s license suspension for up to 10 years.
- A drunk driving enforcement fund surcharge of $1,500 per year for three years.
- Attend the IDRC for at least 12 hours.
- An IID in your vehicle for two to four years after your license is reinstated.
If you are ready to make matters right, please retain the services of a competent Morris County, New Jersey criminal defense lawyer as soon as you can. We at Macri Law Firm look forward to receiving your outreach.
