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.
- Physical injuryThe harm that makes assault in the third degree, a class A misdemeanor, and with a deadly weapon or a victim 62 or older, the second degree.
- Search warrantA judge's written authority to search a described place for described things, on sworn facts showing probable cause.
- SummonsA written order to appear in court an officer may give instead of arresting for a misdemeanor. Wilfully failing to appear can bring up to $100 or 30 days.
- Implied consentThe rule that anyone driving in the State is deemed to consent to a chemical test when an officer has probable cause, with revocation of 1 year or more for a refusal.