Rachel Kugel (https://thekugellawfirm.com/can-i-refuse-to-take-a-portable-breath-screening-test-in-new-jersey/), a respected New Jersey DUI attorney from The Kugel Law Firm, has revealed a thought-provoking article titled ‘Can I refuse to take a portable breath screening test in New Jersey?’. The piece sheds light on the intricacies of breath screening tests and their role in DUI cases.
In the first part of her article, this New Jersey DUI attorney makes a clear distinction between a portable breath screening test and the chemical test administered at a police station following an arrest. She states, "A portable breath screening test...is a different type of chemical test that’s not covered by the refusal statute, so individual’s can choose to refuse that test without any additional penalties." This crucial information encourages drivers to understand their rights during roadside checks.
New Jersey DUI attorney Rachel Kugel further discusses the role of a DUI lawyer in such scenarios. She asserts that a lawyer can help identify any potential issues with the test or arrest procedure, which includes determining if the officer had probable cause to stop an individual and if the test was administered accurately.
The article proceeds to differentiate between Portable Breath Tests (PBTs) and Standardized Field Sobriety Tests (SFSTs), often used in New Jersey to assess a driver's level of intoxication. Kugel, a New Jersey DUI attorney with in-depth knowledge of the matter, explains, "While both tests measure a driver’s level of intoxication, they are administered differently and serve different purposes."
She adds, "In New Jersey, police officers employ the use of a Portable Breath Test (PBT) to obtain a reading indicating the level of intoxication of a suspected drunk driver...law enforcement officials seldom disclose PBT readings in their reports as evidence. Instead, they use the results as a guide to determine whether an individual should be charged with driving under the influence (DUI), particularly in situations where the suspect's impairment appears to be borderline."
Kugel also enlightens her audience about the Standardized Field Sobriety Tests (SFSTs), endorsed by the National Highway Traffic and Safety Administration (NHTSA). She emphasizes that refusing to take the SFSTs is not mandatory, much like the PBT, but a judge may interpret refusal as a sign of guilt.
The Kugel Law Firm encourages those facing DUI charges to read this article to enhance their understanding of the DUI process in New Jersey. The piece serves as a valuable resource, demystifying complex legal procedures and promoting informed decisions.
About The Kugel Law Firm:
The Kugel Law Firm is a renowned legal establishment in New Jersey, dedicated to providing quality legal counsel and representation to residents charged with impaired driving offenses. Its team of well-versed attorneys is committed to helping clients navigate the complexities of DUI cases, with a focus on tailored legal defense strategies. The firm continually shares valuable insights on DUI-related issues, striving to keep the public informed about their rights and the legal procedures involved.
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