Right to Independent DWI Testing in New Jersey

An arrest on suspicion of DWI can be a shocking experience, and it can leave you with many questions about your rights. Do you have the right to refuse any of the sobriety tests police ask you to take? Do you have the right to an attorney? And do you have the right to obtain your own independent chemical tests to compare against the blood alcohol evidence gathered by police? It's important to know what your rights are if you're pulled over on suspicion for DWI in New Jersey. But it's equally important to understand your rights after you have been arrested so you can seek competent legal representation and defend those rights.

Refusing Blood Alcohol Content Testing In New Jersey

Blood samples

In New Jersey, you do not have the right to refuse any of the standardized field sobriety tests police ask you to take, including the blood, urine, field sobriety test and the breathalyzer test. The penalties for refusing a BAC test from law enforcement can be as harsh as those for a DWI under New Jersey's refusal statute.

Independent DWI Testing In New Jersey

Once you are arrested on suspicion of DWI in New Jersey, a police officer will request a breath test and tell you of your rights if you submit to a test as well as the penalties if you refuse to submit a breath sample. If you submit to the breath test, then you also have the right to have an additional breath, blood, or urine test taken by a medical professional of your choice under the law. The right to independent testing of blood alcohol content (BAC) is established under New Jersey law, although many drivers aren't fully aware of it. This right is included in the refusal statute, and they must inform you of it when they arrest you.


If you have been arrested on suspicion of DWI and you believe your right to independent blood, breath or urine testing was denied, consider contacting Villani & DeLuca, P.C. Our firm offers FREE consultations for new clients, so call 732-372-0820 today!

Contact Us

For immediate assistance call our New Jersey DWI Legal team at (732) 372-0820.

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