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Asked almost 2 years ago - Ocean, NJ
FlagMust I submit to field sobriety tests? Have I the right to refuse as long as I submit to a breathalyzer and/or blood alcohol testing?
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You are not required to submit to the psychophysical testing for DWI/DUI. (It is DWI in NJ) The implied consent that exists upon signing your license applies to an approved breath analyzing devise to measure BAC now the 7110 alcotest. Failure to perform or refusal to take the SFST will not be a violation. You rarely pass these tests even if you are sober. The refusal will likely result in an arrest for DWI but if you blow low you have a great defense to the case. Call my office if you want more information.
You are not required to submit to the roadside psychophysical tests. You are required to submit to the breath test of your blood alcohol level. If you do not do the breath test then you will be charged with refusal to submit to a breath test which has similar penalties to the DWI itself. Please contact my office if you would like a free consultation to discuss this in more detail. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
