Can a driver refuse a police officers demand that he take a breath test?
A driver cannot refuse to take a breath test. A driver automatically consents to a breath test when he drivers on the roads in the State of New Jersey. According the New Jersey State Statute, Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood.
