Driver refusal of roadside breath test leads to DUI arrest
Drunk driving is a serious offense, not just in Bergen County, but throughout New Jersey. Law enforcement administers various tests of varying reliability to determine if a driver is driving under the influence including field sobriety tests, alcohol breath-analyzer tests and blood tests. Field sobriety tests are standard procedures conducted by police on the scene to observe the reflexes of the driver. Blood tests determine the amount of alcohol present in the driver's system. Drivers found to be driving above the N.J. state limit of a 0.08 blood alcohol content, will be arrested on charges of driving under the influence or driving while intoxicated.
A recent case was recorded where a woman, reportedly driving aggressively on a New Jersey road, was stopped by police and refused a breath test. Based on the report, the woman was then arrested and charged with refusal to submit to a breath test, improper passing and reckless driving. The suspected drunk driver was later released.
Refusing to submit to a breath test, which can be inaccurate, can lead to additional drunk driving charges but may also help preserve the suspect's rights. If this case goes to court, prosecutors will have no evidence of the blood alcohol content of the defendant when arrested.
Drivers who are arrested for DUI or DWI charges need to know that conviction for this offense can result in serious consequences. First-time DUI offenders face misdemeanor charges with less fines and penalties. Repeat offenders face felony charges with serious fines and penalties upon conviction.
Generally, DUI conviction leads to license suspension or revocation, jail time, higher insurance premiums and fines. The only way to fight DUI charges is to establish a strong criminal defense with the help of a legal professional with DUI defense experience.
Source: Nj.com, "New Hope woman charged with drunken driving in Lambertville," Jan. 29, 2014