John W. Tumelty Logo



Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found "not guilty" of all charges.

View More Criminal Defense ResultsView More DWI Defense Results Free Consultation

What Happens If You Refuse a Breathalyzer Test in New Jersey?


Refusing a breathalyzer test can be a double-edged sword. In many states, refusing a breathalyzer test may not be the end of the world, and it can end up playing well in your favor. In New Jersey, however, refusing a breathalyzer test may not be the best option.

That being said, if you do decide to refuse a breathalyzer test in the State of New Jersey, here are some things you should know:

Implied Consent

When you receive your driver’s license in New Jersey, you essentially give consent for any sort of chemical tests that officers offer you. This includes breathalyzer tests. Basically, when you are handed your license in the state of New Jersey, you are giving all officers implied consent for these tests.

Refusal to Submit

Say you get pulled over for drunk driving, and the officer asks for a breathalyzer test. You still do have the option to say no – they cannot force it upon you. However, at this point, you are not charged for refusal to submit. This may mean you say no to the test, you remain silent when the test is offered, etc. Regardless, if you don’t take the test, you will be charged with refusal. On top of this, you may still be charged with driving under the influence, even without testing.


Unfortunately, refusing a breathalyzer test may carry the same consequences as an actual DUI itself. Depending on certain criteria, you may face heavier charges. Say for example, that you refused a breathalyzer test in a school zone. The police officers are now able to charge you for driving drunk in a school zone, which could lead to serious penalties and fines.

If you have refused to take a breathalyzer test in New Jersey, contact Tumelty Law to see what can be done. Mr. Tumelty will work tirelessly to fight for your case. Contact his office today to schedule a consultation.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.

Free Consultation

"*" indicates required fields