What is Implied Consent in New Jersey DUI/DWI law?

Implied consent means under New Jersey statute N.J.S.A. 39:4-50.2, “Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood.”

The statute only applies when the request is made by a police officer who has reasonable suspicion that the driver is intoxicated, and the samples cannot be taken by force.

What Can Happen If You Refuse Chemical Tests

Drivers can refuse to supply a sample, but refusal carries its own charge.

Drivers have a right to have samples of blood, breath, or urine taken by their own physicians, in addition to those provided to police. Whether those samples will be admissible in a legal case has a lot to do with the timing of the samples.
Implied Consent
Alcohol metabolizes relatively quickly in the body, and providing a sample the next morning will likely provide little insight into what was happening the night before.

The bottom line is that if you are driving in New Jersey, you are subject to Implied Consent, and to a particular type of search by police (or refusal) if they believe you are intoxicated.

Being charged with DUI/DWI in New Jersey does not, however, mean that you will be convicted. An experienced DUI/DWI attorney can make a big difference in your case.

Contact An Experienced Implied Consent Attorney In New Jersey

Call Matthew Reisig today at 732-625-9660 and talk to an experienced implied consent defender for free in New Jersey.

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