New Jersey DUI Attorney Rachel Kugel Explains Rights Regarding Portable Breath Tests
NEWARK, NJ – Drivers stopped for suspected impaired driving in New Jersey often face requests to submit to portable breath screening tests at the roadside, but many are unaware of their rights regarding these preliminary devices. New Jersey DUI attorney Rachel Kugel of The Kugel Law Firm (https://thekugellawfirm.com/can-i-refuse-to-take-a-portable-breath-screening-test-in-new-jersey/) is providing guidance on the legal distinctions between roadside screening tests and chemical tests administered after arrest.
According to New Jersey DUI attorney Rachel Kugel, portable breath tests are not covered by the state’s refusal statute under N.J.S.A. 39:4-50.4a, which applies only to chemical tests conducted at the police station following arrest. Drivers may decline the roadside screening device without triggering the same refusal penalties that apply to post-arrest breath testing. “Many drivers don’t realize that refusing a portable breath test carries different consequences than refusing the official chemical test at the station,” explains Kugel.
New Jersey DUI attorney Rachel Kugel emphasizes that while motorists may refuse a portable breath screening without incurring refusal charges, officers may still establish probable cause for arrest based on other observations. These observations can include slurred speech, bloodshot eyes, odor of alcohol, or poor performance on field sobriety tests. The portable breath test serves as a preliminary investigative tool, while the Alcotest 9510 device used at police stations produces admissible evidence in court.
Kugel notes that New Jersey operates under an implied consent law codified in N.J.S.A. 39:4-50.2. By driving on public roads in the state, motorists have automatically consented to chemical testing when law enforcement has probable cause to believe they are operating a vehicle under the influence. “The implied consent law applies specifically to the post-arrest breath test, not the roadside screening device,” she adds. “Understanding this distinction can help drivers make informed decisions during traffic stops.”
The attorney points out that refusing the chemical test at the station triggers a separate motor vehicle offense with mandatory penalties. First-offense refusal carries fines between $300 and $500 plus a $100 surcharge, license suspension for seven to 12 months, ignition interlock device installation during and after suspension for six to 12 months, and completion of a two-day program at an Intoxicated Driver Resource Center. Second and third offenses carry progressively harsher penalties, including two-year and 10-year license suspensions, respectively.
The firm handles cases throughout Hudson County, Jersey City, and municipal courts across New Jersey. The Kugel Law Firm analyzes every aspect of DUI cases, from the legality of initial traffic stops to the accuracy of breath test procedures and potential constitutional violations.
“Refusal charges are distinct from DUI charges and carry separate penalties,” advises Kugel. “Motorists can be convicted of both offenses simultaneously, and the prosecution must prove specific elements for each charge independently.” For those facing DUI or breath test refusal charges in New Jersey, contacting an experienced defense attorney may help protect driving privileges and identify potential defenses.
About The Kugel Law Firm:
The Kugel Law Firm is a Newark-based law firm focused on defending individuals charged with driving under the influence of alcohol or drugs in New Jersey. Led by attorney Rachel Kugel, who is a member of the National College of DUI Defense and the DUI Defense Lawyers Association, the firm represents clients throughout Hudson County and New Jersey. For consultations, call (973) 854-0098.
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Company Name: The Kugel Law Firm
Contact Person: Rachel Kugel
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Phone: (973) 854-0098
Address:1 Gateway Ctr SUITE 2600
City: Newark
State: New Jersey 07102
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Website: https://thekugellawfirm.com/
