State v. Macuk

In State v. Macuk, 57 N.J. 1, 15, 268 A.2d 1 (1970), the defendant contested his conviction for drunk driving because he did not voluntarily or knowingly consent to the taking of a breathalyzer test. In rejecting the defendant's claims, our Supreme Court held that the State has "a clear legal right to require a motor vehicle operator, arrested on probable cause for driving 'under the influence' or 'while impaired', to submit to a chemical test of bodily substances to determine the amount of alcohol in his blood." Id. at 14, 268 A.2d 1. The Court also stated that because breathalyzer tests do not violate any constitutional safeguards "and are permissible as in any other non-testimonial situation . . . acquiescence is not legally significant or necessary." Id. at 15, 268 A.2d 1.