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Implied consent in New Jersey

On Behalf of | May 23, 2024 | Criminal Defense

When you get your driver’s license in New Jersey, you give consent (implied consent) to alcohol testing when the police have reasonable suspicion that you may be driving under the influence (DUI) of alcohol. This means you may lack grounds to refuse to submit to a breathalyzer test.

Here is what to know:

You can be detained

If you refuse to take a roadside breathalyzer test, the police can detain you and take you to a hospital where the staff will draw your blood for testing. The police can then file a case against you.

Penalties you may face

If you are convicted of refusing to submit to a test, you may face similar penalties as someone convicted of DUI. The penalties you face will depend on the frequency of offenses and where you were caught.

For example, if it’s your first offense, you may pay a $300 to $500 fine. However, if you were arrested in a school zone, the fine can be $600 to $1,000. You may also lose your license for seven months to one year or one to two years if you were caught in a school zone. Lastly, you will be required to complete 12 hours of the Intoxicated Driver Resource Center (IDRC) program. 

Other fees you may be required to pay include a daily Intoxicated Driver Resource Center (IDRC) fee, a fee to a drunk driving fund, a fee to the Alcohol Education and Rehabilitation Fund (AERF), an annual surcharge for three years and a fee to the Neighborhood Services Fund. Therefore, you can easily pay thousands of dollars when charged with this crime.

Note that the penalties get harsher with subsequent offenses.

If you are charged with refusing to submit to a test, seek legal guidance to defend yourself.