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  1. #1
    Join Date
    Apr 2018
    Posts
    14

    Default Can You Be Required to Take Field Sobriety Tests in New Jersey

    My question involves criminal law for the state of: NJ

    Are field sobriety tests voluntary in New Jersey? If so could you please direct me to the legal source that states this? Many thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Field Sobriety Tests in New Jersey

    Yes

    but refusal doesn’t mean you’ll simply walk away from the contact. If the cop has a reasonable suspicion you are intoxicated, they can arrest you and transport you to the police station where a breathalyzer may be administered. You do not have a right to refuse a breathalyzer test.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,632

    Default Re: Field Sobriety Tests in New Jersey

    Although it is against the law to refuse a breathalyzer test in NJ, you should choose to refuse that test. Once you refuse the chemical test, your license will automatically be suspended for 7 months and pay a $300 fine. But the good part of this situation is that you did not give the state the proof that your BAC was over the limit of .08. The state needs that critical information to successfully prosecute you for a DWI. So, with that information, you will be found guilty 100%. Without that information, a good DWI attorney has a fighting chance to overcome your DWI charge.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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