Understanding Implied Consent Laws in NJ

Driving in New Jersey comes with certain legal obligations, one of which is the state’s Implied Consent Law. This law affects all drivers and has significant implications, especially if you’re ever stopped on suspicion of driving under the influence (DUI). Understanding this law is crucial for every motorist in the Garden State, as refusal to comply can lead to serious consequences beyond a standard DUI charge.

In this guide, we’ll break down New Jersey’s Implied Consent Law, the penalties for refusing a breathalyzer test, how refusal differs from a DUI charge, and why consulting with a lawyer is crucial if you find yourself in this situation.

What Is Implied Consent?

When you receive a driver’s license in New Jersey, you automatically agree to submit to chemical testing—such as breath, blood, or urine tests—if a law enforcement officer suspects you of DUI. This agreement is not optional; it’s a condition of using the state’s roadways.

The legal foundation for this is outlined in N.J.S.A. 39:4-50.2, which states that any person who operates a motor vehicle in New Jersey is deemed to have given consent to chemical tests to determine blood alcohol content (BAC).

However, while implied consent means that police have the right to request a test, you technically have the right to refuse. But—and this is crucial—refusing a breathalyzer comes with severe legal consequences, even if you were not intoxicated.

What Happens If I Refuse a Breathalyzer?

Refusing to submit to a breathalyzer or other chemical tests in New Jersey is a separate offense from a DUI and carries serious penalties. These penalties increase with each offense and are enforced even if you were not under the influence.

Penalties for Refusing a Breathalyzer in NJ

First Offense:

• License suspension for 7 to 12 months
• Fines ranging from $300 to $500
• Mandatory participation in an Intoxicated Driver Resource Center (IDRC) program
• Installation of an ignition interlock device for 6 to 12 months after license restoration

Second Offense:

• License suspension for 2 years
• Fines up to $1,000
• Mandatory IDRC program
• Ignition interlock device installation during suspension and for 2 to 4 years after restoration

Third Offense:

• License suspension for 10 years
• Fines up to $1,000
• Mandatory IDRC program
• Ignition interlock device installation during suspension and for 2 to 4 years after restoration

These penalties are codified in N.J.S.A. 39:4-50.4a.

Implied Consent vs. DUI Charges

It’s important to understand that refusing a chemical test does not mean you won’t face DUI charges. In fact, you can be convicted of both refusal and DUI simultaneously.

Here’s why:

• Refusal charges are based on the act of declining the test, which is an offense under implied consent laws.
• DUI charges rely on officer observations, field sobriety tests, and other evidence proving impairment.

A refusal does not mean you won’t be found guilty of DUI. Prosecutors can use other evidence, such as:

• The officer’s observations of your behavior (slurred speech, erratic driving, the smell of alcohol, etc.)
• Field sobriety tests, such as the walk-and-turn or one-leg stand
• Witness statements or video evidence from dashcams or body cameras

Key Legal Precedents

The New Jersey Supreme Court has ruled on implied consent cases, emphasizing strict enforcement:

• State v. O’Driscoll (2013) – The court ruled that minor errors in the reading of the refusal consequences statement do not automatically invalidate a refusal conviction.
• State v. Wright (2021) – Reinforced that officers must inform drivers of the consequences of refusal in accordance with NJ law.

Can You Challenge a Refusal Charge in Court?

If you refused a breathalyzer and are now facing charges, you might be wondering if you have a defense. While it’s difficult to fight an implied consent violation, there are situations where a skilled attorney may be able to challenge the charge.

Possible Defenses Against a Refusal Charge

• Lack of Probable Cause: If the police officer did not have a legitimate reason to stop you, the entire case can be challenged.
• Failure to Read the Required Warnings: New Jersey law requires officers to read a standard refusal warning explaining the consequences of non-compliance. Failure to do so can invalidate the charge.
• Medical Conditions or Language Barriers: If you were physically unable to take the test (due to asthma, respiratory issues, or language barriers), the refusal charge may be challenged.
• Malfunctioning Equipment: If the breathalyzer machine was faulty or improperly maintained, the results (or refusal) may be disputed.

What Should You Do If You Are Pulled Over for Suspected DUI?

If you are stopped under suspicion of DUI in New Jersey, here’s what you should keep in mind:

DO:

✔️ Remain Calm – Panicking can make the situation worse.
✔️ Cooperate with the Officer – Provide your license, registration, and insurance.
✔️ Know Your Rights – You can politely decline to answer certain questions beyond basic identification.
✔️ Contact an Attorney ASAP – A lawyer can help guide you through the process and build a defense if needed.

DO NOT:

❌ Argue or Resist – This can lead to additional charges.
❌ Perform Field Sobriety Tests (Unless Required) – These tests are voluntary in NJ. Politely declining may be in your best interest.
❌ Assume Refusal Will Help You Avoid a DUI – You could end up with both charges instead.

Consult with an Attorney

If you’re facing DUI or refusal charges in New Jersey, it’s critical to consult with an experienced attorney. A lawyer can:

• Review your case for potential defenses
• Challenge improper police procedures
• Negotiate for reduced penalties or alternative sentencing

For expert legal assistance, contact Rosengard Law Group today. With years of experience handling DUI and implied consent cases, our attorneys can provide the guidance and defense you need.

Key Takeaways: 

✅ By driving in New Jersey, you consent to chemical testing if suspected of DUI. 

✅ Refusing a test leads to severe penalties, including license suspension and fines. 

✅ You can be charged with both refusal and DUI simultaneously. 

✅ Legal precedents uphold strict enforcement of implied consent laws. 

✅ Consulting an attorney is crucial if facing related charges.

Understanding New Jersey’s Implied Consent Law is vital for all drivers. Being informed can help you make better decisions and avoid serious legal consequences.

Need legal advice? Call us at (856) 284-6446.