What is New Jersey’s Implied Consent Law?

new jersey's implied consent law

To determine the amount of alcohol or drugs in the driver’s system, the investigating officer will often ask a suspected impaired driver to take a breath or blood test. Prosecutors routinely use a driver’s blood alcohol concentration (BAC) or the concentration of drugs in the driver’s blood to prove a DUI case in court. Those who refuse to submit to testing will face both civil and criminal consequences. For more information on New Jersey’s Implied Consent Law, please keep reading, then contact an experienced Camden County DUI attorney today.

What does New Jersey’s Implied Consent Law dictate?

New Jersey’s Implied Consent Law states that any person who drives in the state is deemed to have given consent to a test of their breath. In contrast to many other states, the Garden State’s Implied Consent Law does not require drivers to take blood or urine tests. However, to stand up in court, law enforcement will have to prove a few things.

How do police prove you violated New Jersey’s Implied Consent Law?

If the magistrate judge determines, by a preponderance of the evidence, all of the following, you will face penalties:

  • The arresting officer had probable cause to believe the driver was driving or in actual physical control of a vehicle while under the influence of alcohol or drugs
  • Said officer arrested the driver for DWI
  • The officer informed the driver of the consequences of refusal
  • The officer requested a breath test, and
  • The driver refused to submit to a breath test

What are the consequences of refusing to submit to testing in New Jersey?

Those who refuse to submit to testing in violation of the state’s Implied Consent Law face the following penalties:

Fines and license revocation:

Based on the number of prior DWI or refusal convictions you have, you will face the following penalties for refusing to submit to a lawfully requested breath test:

  • First offense: $300 to $500 in fines and license revocation of seven to twelve months.
  • Second offense: $500 to $1,000 in fines and license revocation of two years.
  • Third offense: $1,000 in fines and license revocation of ten years.

All license revocation periods will run back-to-back with any other DWI-related revocation periods unless the judge orders otherwise.

Substance abuse treatment:

The judge will order you to enroll in and complete the Intoxicated Driver Resource Center program. A first offense requires twelve to forty-eight hours in the center, while the required hours for subsequent offenses will depend on the results of the alcohol and drug screening and evaluation.

Ignition interlock devices (IIDs):

The driver will need to maintain an IID on all the vehicles they drive for six to twelve months after license reinstatement. Any subsequent offenses will carry an IID requirement of one to three years.

Insurance surcharge:

For three years after the violation, a refusal violation will require the driver to pay an annual surcharge. For a first or second offense, the surcharge is $1,000, whereas it is $1,500 for a third offense.

Speak with a skilled Camden County criminal defense attorney if you have any further questions.

Contact our experienced New Jersey firm

Thomas DeMarco & Associates, LLC handles all criminal matters and is ready to provide you with our knowledgeable legal counsel. Contact our firm to discuss your legal situation.

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