Throughout the article, New Jersey DUI defense lawyer Rachel Kugel (https://thekugellawfirm.com/can-i-refuse-to-take-a-portable-breath-screening-test-in-new-jersey/) explains the difference between a portable breath screening test and the chemical test given at a police station after an arrest. She notes that the portable test is typically given on the roadside and is not covered by the refusal statute. This means that drivers have the right to refuse the portable test without facing additional penalties.
As a New Jersey DUI defense lawyer with years of experience, Rachel Kugel offers valuable insight into the legal implications of refusing a portable breath screening test. She explains that drivers should be aware of their rights and the potential consequences of refusing any type of chemical test.
According to Rachel Kugel, “It’s important to note that refusing a portable breath screening test may still result in the officer having probable cause to request a chemical test, which can carry more serious penalties if refused.” She advises drivers to consult with an experienced New Jersey DUI defense lawyer if they have any questions or concerns about their legal rights in these situations.
In New Jersey, police officers use a device known as Alcotest, commonly referred to as a breathalyzer, to estimate the amount of alcohol in a person’s body by analyzing their breath. It is a privilege to drive on NJ streets, and individuals who choose to exercise this privilege are expected to comply with the rules of the road, including submitting to a breathalyzer test when requested by the police.
Refusing to take a breathalyzer test is more than just verbally declining the test. In addition to saying no, silence, a delayed or conditional response, providing a weak or insufficient sample can all be considered as refusal to take the test in the eyes of the law. Drivers who attempt to avoid or delay the test by requesting to use the bathroom or make a phone call first can also face refusal charges.
The article ends with a call to action for drivers to be aware of their rights and the potential consequences of refusing a portable breath screening test. Rachel Kugel emphasizes the importance of seeking legal advice from an experienced New Jersey DUI defense lawyer to ensure that people’s rights are protected.
New Jersey DUI Defense Lawyer Rachel Kugel of The Kugel law firm has released an informative article about the right to refuse a portable breath screening test in New Jersey. Her years of experience in this area of law offer valuable insight and advice for drivers who may find themselves in these situations.
About The Kugel Law Firm:
The Kugel Law Firm is a well-respected law firm based in New Jersey that provides legal services in DUI defense. The firm is led by Rachel Kugel, a highly experienced New Jersey DUI defense lawyer who has helped countless clients throughout New Jersey fight DUI charges and protect their legal rights. With a commitment to personalized attention and aggressive representation, The Kugel Law Firm is dedicated to achieving the best possible outcomes for their clients.
The Kugel Law Firm
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Disclaimer: The views, suggestions, and opinions expressed here are the sole responsibility of the experts. No Emerald Journal journalist was involved in the writing and production of this article.