Legitimate Reasons For Refusing A Breath Test in NJ

Feb 14, 2021
DWI/DUI

Introduction

Welcome to The Skiendziul Law Firm, where we provide expert legal guidance on various matters pertaining to law and government, specifically in the realm of legal affairs. In this article, we will discuss the legitimate reasons for refusing a breath test in NJ.

Understanding Breathalyzer Tests

In the state of New Jersey, a breathalyzer test is commonly administered to determine the blood alcohol concentration (BAC) of an individual suspected of driving under the influence (DUI) of alcohol or drugs. While these tests are used to gather evidence for criminal charges, it is important to note that individuals are not legally obligated to submit to them.

Your Rights and Options

As an individual accused of a DUI offense, you have rights and options that protect your interests. While it is generally advised to cooperate with law enforcement, there are legitimate reasons for refusing a breath test in NJ:

1. Improper Administration

If the breathalyzer test is not administered properly by trained personnel or the equipment is not calibrated, the results may be inaccurate. It is important to ensure that the test is conducted in accordance with established guidelines to maintain accuracy and reliability.

2. Legal Representation

Consulting an attorney before deciding whether to take a breath test can provide you with valuable legal advice tailored to your specific case. Having legal representation ensures that your rights are protected throughout the legal process.

3. Health Conditions

Individuals with certain health conditions, such as respiratory problems or medical conditions affecting their breath, may face challenges when taking a breathalyzer test. Consulting with a healthcare professional and legal expert can help you understand if any pre-existing conditions may impact the accuracy of the test.

4. Potential Inaccuracies

Breathalyzer tests are not infallible and can yield false positives or inaccurate readings. Factors such as mouth alcohol, certain medications, and certain diets can influence the results. Understanding these potential inaccuracies is crucial when deciding whether to submit to a breath test.

The Importance of Legal Assistance

When facing DUI charges and contemplating whether to refuse a breath test, it is crucial to seek professional legal assistance. The Skiendziul Law Firm specializes in providing expert counsel and representation for individuals in New Jersey dealing with DUI-related matters. Our experienced attorneys have a deep understanding of the legal system and can guide you through the complexities of your case.

Contact The Skiendziul Law Firm Today

If you find yourself in a situation where you are considering refusing a breath test in NJ, don't hesitate to reach out to The Skiendziul Law Firm for a confidential consultation. Our team of skilled attorneys will review your case, explain your options, and develop a strategic defense tailored to your circumstances.

Remember, every case is unique, and it is essential to seek professional legal advice to ensure you make informed decisions throughout the legal process. Contact The Skiendziul Law Firm today to understand your rights and options.

Alfree
Informative and useful content!
Nov 11, 2023
Liam Darby
Interesting topic! ??️
Nov 8, 2023
Angus Wildblood
Interesting information on refusing breath tests in NJ! ??
Oct 17, 2023