New Jersey DUI Attorney Explains Portable Breath Test Rights

Rachel Kugel of The Kugel Law Firm provides guidance on legal distinctions between roadside screening tests and post-arrest chemical tests.

Published on Mar. 10, 2026

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New Jersey DUI attorney Rachel Kugel is advising drivers on their rights regarding portable breath screening tests during traffic stops. Kugel explains that refusing a roadside breath test does not carry the same penalties as refusing a chemical test at the police station after an arrest, as the two are legally distinct under state law.

Why it matters

Understanding the differences between portable breath tests and post-arrest chemical tests is important for drivers in New Jersey, as refusing each type of test can lead to very different legal consequences. Kugel's guidance helps clarify motorists' rights and options during DUI stops.

The details

Portable breath tests are preliminary investigative tools, while the Alcotest 9510 device used at police stations produces admissible evidence in court. Drivers may decline the roadside screening without triggering the same refusal penalties that apply to the official post-arrest chemical test. However, officers can still establish probable cause for arrest based on other observations like slurred speech or poor field sobriety test performance.

  • New Jersey operates under an implied consent law that applies specifically to the post-arrest breath test, not the roadside screening device.

The players

Rachel Kugel

A New Jersey DUI attorney at The Kugel Law Firm who is providing guidance on the legal distinctions between roadside screening tests and chemical tests administered after arrest.

The Kugel Law Firm

A Newark-based law firm focused on defending individuals charged with driving under the influence of alcohol or drugs in New Jersey.

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What they’re saying

“Many drivers don't realize that refusing a portable breath test carries different consequences than refusing the official chemical test at the station.”

— Rachel Kugel, New Jersey DUI attorney

“The implied consent law applies specifically to the post-arrest breath test, not the roadside screening device.”

— Rachel Kugel, New Jersey DUI attorney

The takeaway

This case highlights the importance for drivers in New Jersey to understand the legal distinctions between portable breath tests and post-arrest chemical tests, as refusing each can lead to very different consequences under the state's DUI laws.