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Walk It Through: The Breath Test

A roadside breath test, the chemical test after arrest, the warning about a refusal, and questions at the station.

After a concert, a car rolls through a stop sign in Newark. The officer smells alcohol and holds out a handheld breath device.

Two things a person in this spot might do. Picking one shows what the law says about it.

A first stop with no crash, no injury and no child in the car. Blood drawn under a warrant, a second offense and the first offender election are not worked through here.

A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.

Words this turns on

Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.