A portable breath screening test is very different from the chemical test that youre given at a police station after arrest. and its typically something that the officer carries with them and is given or offered at the roadside as opposed to at a police station later. Its a different type of chemical test thats not covered by the refusal statute so you can choose to refuse that test without any additional penalties. If you have been pulled over and offered a portable breath screening test a DUI lawyer can help you determine whether its in your best interest to refuse or take the breathalyzer test. At The Kugel Law Firm our team of New Jersey DUI attorneys may be able to help you analyze the circumstances of your arrest and investigate any potential issues with the test or arrest procedure. This includes determining if the officer had probable cause to stop you and if the test was administered accurately. Call us at (973) 854-0098 to schedule a consultation. Difference Between Portable Breath Tests and Standardized Field Sobriety Tests In New Jersey In New Jersey there are two commonly used methods for determining whether a driver is under the influence of alcohol without a chemical test: Portable Breath Tests (PBTs) and Standardized Field Sobriety Tests (SFSTs). While both tests measure a drivers level of intoxication they are administered differently and serve different purposes. Knowing the differences between these two tests is critical when it comes to understanding penalties for DUI charges. DWI lawyer in NJ Portable Breath Test 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. However the results obtained from PBTs cannot be used as evidence of intoxication in court trials. This is due to the fact that admitting PBTs as evidence have not been discussed in a Frye hearing which is a judicial proceeding where a judge determines whether a particular scientific evidence is generally accepted in the scientific community. Because of this limitation 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 suspects impairment appears to be borderline. Standardized Field Sobriety Tests The National Highway Traffic and Safety Administration (NHTSA) endorses the Standardized Field Sobriety Tests (SFSTs) which are administered by police officers to measure impairment and correlate to a blood alcohol concentration (BAC) of over .08. The SFST consists of three parts: the horizontal gaze nystagmus the one-leg stand and the walk-and-turn. To ensure reliability its crucial to understand that the components of the SFST must be administered consistently according to prescribed instructions. Trained officers are taught to identify specific indicators when evaluating a persons test performance and the tests themselves do not have a strict pass/fail outcome but rather decision points to assist officers in determining satisfactory performance. Refusing to take the SFSTs is not mandatory much like the PBT but a judge may interpret refusal as a sign of guilt. Whether or not you accept to take a portable breath screening test during your traffic stop an experienced New Jersey DUI attorney can assist you in building a tailored legal defense strategy against your charges. At The Kugel Law Firm our DUI attorneys have dedicated their practice to providing quality legal counsel and representation to New Jersey residents charged with impaired driving offenses. Contact us today at (973) 854-0098 to schedule a free consultation. via Kugel Law Firm DWI/DUI Defense in New York amp; New Jersey https://thekugellawfirm.com/can-i-refuse-to-take-a-portable-breath-screening-test-in-new-jersey/