Newark, NJ – The Kugel Law Firm and New Jersey DUI attorney Rachel Kugel (https://thekugellawfirm.com/can-i-refuse-to-take-a-portable-breath-screening-test-in-new-jersey/) are sharing timely guidance on roadside portable breath screening tests in New Jersey, clarifying what drivers may face during a traffic stop and after an arrest. The update explains the distinction between a portable breath test administered at the scene and the official chemical test conducted following an arrest, and underscores how each stage may affect charges, evidence, and potential penalties.
Under New Jersey procedure, a portable breath test is commonly used roadside to help establish probable cause. Devices used at the scene are designed for quick screening and are not admitted at trial to prove intoxication. Because of this limited evidentiary role, a driver confronted with a roadside device should understand that participation is separate from any post-arrest chemical testing at a station. New Jersey DUI attorney Rachel Kugel emphasizes that field screening differs significantly from formal testing under the state’s implied consent framework, which applies only after an arrest. Refusal at the implied consent stage can trigger separate statutory penalties, including fines, license suspension, and ignition interlock requirements.
The firm further notes that declining a portable breath test does not prevent an arrest when officers observe other indicators, such as driving behavior or standardized field sobriety performance. Once an arrest occurs, New Jersey’s implied consent law requires submission to an official chemical test. Refusal is charged separately from DUI and may be brought alongside a DUI count, meaning a driver can face parallel consequences. New Jersey DUI attorney Rachel Kugel and the litigation team regularly evaluate whether a stop had adequate legal grounds, whether the screening device was used appropriately, and whether standardized field sobriety tests were administered in accordance with established instructions. That case-by-case analysis can affect motions practice, evidentiary challenges, and overall defense strategy.
The guidance also highlights how penalties escalate with prior history. A first refusal carries fines and a license suspension measured in months, while repeat refusals increase both financial and licensing consequences. Ignition interlock requirements can apply, and court-ordered programs may follow. New Jersey DUI attorney Rachel Kugel advises that timelines, paperwork accuracy, and calibration and maintenance records frequently become important in assessing the strength of the State’s proof on both refusal and DUI counts. Early legal intervention allows a defense team to gather records, inspect procedures, and preserve potential issues for hearing or trial.
For individuals recently stopped, key questions include whether there was probable cause for the vehicle stop, how field evaluations were conducted, and whether post-arrest testing complied with statutory and administrative requirements. Documenting the sequence of events, the presence of witnesses, and the timing of advisements can be critical to an effective defense.
About The Kugel Law Firm:
The Kugel Law Firm represents individuals charged with DUI and related offenses throughout New Jersey and New York. Led by New Jersey DUI attorney Rachel Kugel, the firm’s practice includes DUI and DWI defense, refusal matters, motor vehicle suspensions, and related criminal-traffic proceedings. Offices serve clients across North Jersey, Central Jersey, South Jersey, and the New York City metro area. For consultations, call The Kugel Law Firm at (973) 854-0098 or visit the firm’s website to schedule a confidential case evaluation.
Embeds:
Youtube Video: https://www.youtube.com/watch?v=o-Jlg3envN8
GMB: https://www.google.com/maps?cid=3822170752710866861
Email and website
Email: admin@thekugellawfirm.com
Website: https://thekugellawfirm.com/
Media Contact
Company Name: The Kugel Law Firm
Contact Person: Rachel Kugel
Email: Send Email
Phone: (973) 854-0098
Address:1 Gateway Center 2600
City: Newark
State: New Jersey 07102
Country: United States
Website: https://thekugellawfirm.com/