At Goldstein & Handwerker, we're often asked: "Can I refuse to blow into a breathalyzer if I'm pulled over in New Jersey?" The short answer? You absolutely should not refuse—and here's why.

Let me share a story that illustrates this. I'm currently representing someone who was recently pulled over. She wasn't drinking. In fact, she had undergone surgery the week prior and had taken prescribed painkillers the night before. On her way to a follow-up doctor's appointment, she was involved in a minor accident. Police suspected her of driving under the influence and asked her to take a breathalyzer test.

Out of frustration and fear, she refused. And despite having no alcohol in her system, that refusal resulted in an automatic DWI refusal charge—a charge that carries the same penalties as a DUI conviction in New Jersey.

Refusing a breath test doesn't protect you; it actually removes key defenses your attorney could use. If you do take the test and the result shows you were over the legal limit, your attorney can challenge it. There are strict procedures law enforcement must follow when administering the test: ensuring the room isn't contaminated, using clean mouthpieces, checking temperature probes, observing a waiting period, and more. Any misstep in that process could be used to fight the results.

But if you refuse? Your lawyer has almost no room to argue. The law views refusal as an admission of guilt, and judges treat it accordingly.

Even if you believe you'll test over the limit, cooperating and taking the test gives your defense a fighting chance. Always remain calm, comply with police instructions, and don't make an already difficult situation worse.

If you've been charged with a DUI or refusal in New Jersey, don't face it alone. Contact Goldstein & Handwerker or visit us online at www.ghlawnyj.com. We're here to help protect your rights.