Legal News / The Law Offices of Jason C. Pollack, P.C.

The Law Offices of Jason Pollack Addresses Drivers' Rights to Refuse a Breathalyzer or Blood Test for a DUI

Via: ReleaseWire

Updated 8:00 AM CST, Tue, December 17,2019

Mount Holly, NJ -- (SBWIRE) -- 12/17/2019 -- As reliable traffic lawyers serving Burlington County residents, The Law Offices of Jason Pollack understands that New Jersey drivers might not fully comprehend the ins and outs of their rights when it comes to receiving a DUI. From providing documentation to being subject to various field tests, drivers should be aware of what they have to comply with and what they can refuse to do. Both a breathalyzer test and a blood test are standard protocol for DUI arrests that determine potential jail time and penalties for the driver.

New Jersey's implied consent laws state that anyone operating a motor vehicle in the state has given consent to chemical testing of the driver's breath. These laws do not include blood or urine tests. If a driver refuses to take a breathalyzer test, they will face penalties if a judge can determine they were fully aware of the consequences of the DUI and explicitly refused it anyway.

Refusing to take a breathalyzer test will result in the driver receiving varying amounts of fines and license suspensions. For the first offense, their driver's license can be suspended for seven months to a year, and they'll receive a fine ranging from $300 to $500. For second refusals, the license will be suspended for two years, and the fine range bumps up to $500-$1000. A third refusal results in a ten-year license suspension and a fine of $1,000. Test refusal on or near school grounds can potentially double the penalties, as well.

In Birchfield v North Dakota, the United States Supreme Court determined that warrantless blood testing was illegal. Police are not allowed to perform a blood test on a driver in the event of a DUI arrest unless a judge has issued them a warrant to do so.

While this firm believes that no driver should operate a vehicle while under the influence of drugs or alcohol, they understand the importance of being aware of their rights under state law. Those who require a DWI defense attorney near Camden County are encouraged to contact The Law Offices of James Pollack today.

About The Law Offices of Jason C. Pollack, P.C.
The Law Offices of Jason C. Pollack, P.C. is a legal firm with three locations across Mount Holly, Audubon and Winslow Township. A graduate of Penn State University and Widener Law School, Jason Pollack opened up The Law Offices of Jason C. Pollack, P.C. in 2002. Nearly two decades later, Pollack and his team of professional attorneys have grown to have three locations throughout New Jersey.

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