Since driving in the United States is considered a privilege and not a right, you are required to follow certain conditions in order to enjoy the privilege of driving. One of these conditions is that you will consent to a breath test if the police suspect that you are intoxicated. Because of this, If you refuse to submit to a breath test after an officer has requested one from you, it will result in a ticket that is similar to a DUI/DWI. The ticket is referred to as a refusal under N.J.S.A. 39:4-50.4a. A refusal is much easier to prove in court than a DWI because the prosecution just has to prove that there was probable cause to suspect that you were driving under the influence and that you refused the breath test.
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