What is the Implied Consent Law in New Jersey - Law Office Of Gina M Wicik

What is the Implied Consent Law in New Jersey

What is the implied consent law in New Jersey? Simply put, it’s the legal agreement you enter into when you drive in the state:consent to chemical testing if suspected of DUI. This piece demystifies the law and outlines the repercussions of non-compliance.

Decoding the Implied Consent Law in New Jersey

The implied consent law in New Jersey is a key legal framework that every driver should be aware of. By accepting a driver’s license, motorists in New Jersey are automatically agreeing to submit to chemical or breath tests if suspected of driving under the influence. This is what we refer to as implied consent. Understanding implied consent laws is crucial for drivers to avoid legal consequences.

Driving on public roads in New Jersey with a driver’s license implies your agreement to undergo these tests if there is probable cause to believe you are under the influence of alcohol. This means that the act of driving itself is seen as a form of consent to these tests. The Jersey Motor Vehicle Commission and other legal authorities take this law very seriously.

In essence, the implied consent law in New Jersey is built on the premise that by choosing to drive, you accept the responsibility of proving your sobriety when asked to do so. This is a significant aspect of New Jersey law that every driver should be aware of.

Being a motorist carries with it certain legal obligations. Under the implied consent law in New Jersey, drivers are required to undergo chemical or breath testing if they are stopped or arrested on suspicion of drunk driving.

The law requires that drivers must submit to these tests. If the blood alcohol content (BAC) meets or exceeds 0.08 percent, you are presumed to be driving under the influence. Drivers under 21 are subject to an even lower limit of 0.02 percent. This stricter standard aims to enhance safety for young and inexperienced drivers. A refusal to submit to testing is not taken lightly, and it is important to be aware of the consequences of such a decision.

Police officers must have reasonable grounds to suspect that a driver is intoxicated to lawfully request a breath sample in line with the implied consent law. A conditional consent or any response that is not an unequivocal agreement to undergo the test may constitute refusal under New Jersey law.

Consequences of Refusing Chemical Testing in NJ

Refusing a breath or chemical test can lead to significant consequences. Under New Jersey law, refusal to undergo a breath or chemical test results in administrative penalties, including:

  • Driver’s license suspension for seven months on a first-time refusal
  • Driver’s license suspension for two years for a second refusal
  • Driver’s license suspension for ten years for a third or subsequent refusal

Additional penalties for refusing chemical testing include:

  • Fines
  • Enforcement charges
  • Motor vehicle surcharges
  • The requirement to install an ignition interlock device

These penalties can have a significant impact on your life, from limiting your ability to travel freely to impacting your finances.

Moreover, once a driver’s license is reinstated after suspension for refusal to submit to chemical testing, the individual may face increased insurance rates. This serves as a reminder of the long-term consequences that can result from refusing chemical testing in NJ.

Understanding License Suspension Periods

The length of the license suspension period can vary depending on the number of refusals. For a first-time refusal, the license suspension period is seven months. For a second refusal, the suspension period is two years, and for a third or subsequent refusal, it is ten years.

If a driver is stopped for DUI within a school zone or within 1000 feet of school grounds, the suspension periods can be doubled. This serves to emphasize the severity of driving under the influence in areas where children are present. This underlines the seriousness with which the state of New Jersey treats violations of the implied consent law.

Fines and Additional Penalties

In addition to license suspension, refusing a breath test can also result in fines. The fines range from $300 to $500 for a first offense, $500 to $1000 for a second offense, and $1000 for a third offense, with additional surcharges imposed.

Offenders are also required to:

  • Install an ignition interlock device on all registered vehicles during the license suspension period and up to three years after license restoration
  • Pay a Division of Motor Vehicle surcharge of $1,000 per year for three years
  • Make contributions to various funds including the Drunk Driving Fund.

Refusing a breathalyzer test within a school zone results in doubled fines as part of enhanced penalties for such scenarios. Furthermore, mandatory participation in an Intoxicated Drivers Resource Center (IDRC) program is required with associated fees, and additional counseling may be mandated for repeat offenses.

Navigating DUI Stops and Your Rights

Police officer informing driver

During a DUI stop, it is essential to know your rights. New Jersey police officers are mandated to clearly inform drivers of their obligations under the implied consent law. They must also make drivers aware of the consequences of refusing to provide a breath sample.

Choosing not to submit to testing will result in automatic license suspension, highlighting the need for a driver to understand the implications of their decisions. Upon refusal of a breath or blood test, the individual can be arrested and will face a judicial officer to determine intoxication levels, further emphasizing the seriousness of the situation.

An experienced dwi defense lawyer Gina M Wicik may challenge the interpretations of a driver’s behavior by law enforcement during the stop, such as mistaking nervousness for suspicion. Defense attorney Gina m Wicik can advise the driver immediately after being pulled over, assisting in critical decisions like whether to undergo testing and how to navigate the situation legally. Contact The Law Office of Gina M. Wicik for a free case evaluation at 516-253-427

Successfully defending against implied consent violations involves challenging the accuracy of BAC devices and the establishment of probable cause by the police officer. The accuracy of devices used to measure blood alcohol concentration (BAC) can often be successfully challenged in court due to their potential for error.

Probable cause must be established by the police officer, and the officer must comply with the procedural requirements of New Jersey’s implied consent law for the administration of a breath test to be legally mandatory. Understanding these potential defense strategies is crucial.

However, it is also important to note that the best defense against implied consent violations is to avoid driving under the influence in the first place.

Legal representation is essential in implied consent cases, where there are two separate proceedings to handle: the criminal case and the implied consent case that affects driving privileges. A defense attorney plays a crucial role in:

  • Evaluating evidence
  • Suggesting defense strategies
  • Challenging both the DUI-related criminal charges and administrative actions like automatic license suspension that result from an implied consent case.

When a driver is arrested at a checkpoint, particularly for exercising their right to remain silent, they should immediately:

  • Contact a lawyer to defend their rights
  • Seek legal advice on how to handle the situation
  • Cooperate with law enforcement while still protecting their rights
  • Gather any evidence or information that may be helpful to their defense

A comprehensive defense extends beyond the courtroom, as defense attorneys may also support clients in addressing the non-legal factors that have potentially contributed to their DUI situation.

Insights on Probable Cause and Chemical Tests

To establish the legality of a breath test, police officers must demonstrate probable cause for suspecting a driver of DWI. This includes the officer’s observation of the person tested, their behavior, any admission of drinking, and signs of impairment.

For a DUI refusal conviction, the state is required to prove the following:

  1. The existence of probable cause
  2. An official arrest for DUI
  3. A proper request for a breath sample
  4. The driver’s refusal to comply with the test

Probable cause for a DUI can originate from performance on field sobriety tests, such as the walk-and-turn or one-leg-stand, even though these tests alone do not provide conclusive evidence of intoxication.

Field sobriety tests are recognized by the NHTSA as preliminary assessments for deciding if an arrest for DUI is warranted. Yet, they are not definitive; a chemical or breath test is needed to confirm intoxication to a legal standard of proof. In this context, making chemical tests is a crucial step in the process.

Car accident aftermath

Refusal to submit to a breath test after an accident can result in harsher penalties. In accidents involving property damage or bodily injury, New Jersey law views refusal to submit to a breath test, especially when there’s physical resistance thereto, as a criminal act, potentially indicating driving under the influence.

Should a driver be unable to submit a breath sample due to unconsciousness or injury from an accident, a blood test may be administered in New Jersey without explicit consent. Refusal to undergo a breathalyzer test at the scene of an accident that results in injury or property damage incurs harsher penalties than those from standard DUI stops.

Additional charges such as assault by auto or vehicular homicide can be imposed on drivers who refuse breath testing post-accident in cases of severe injury, potentially leading to substantial prison terms.


Understanding the implied consent law in New Jersey is crucial for all drivers. It is important to be aware of your rights and obligations under the law, as well as the potential consequences of violating these obligations. If you find yourself in a situation where you are asked to submit to a breath or chemical test, it is crucial to make informed decisions and seek legal advice if needed. Contact The Law Office of Gina M. Wicik for a free case evaluation at 516-253-427

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