If you are in New Jersey and you’ve got a driver’s license, then you have already admitted to implied consent for chemical testing. What’s that, you say? New Jersey’s implied consent law requires drivers submit to a breathalyzer test if they have been arrested for driving while under the influence of alcohol. The next time you are at your local New Jersey DMV, take a closer look at your license forms. When you sign for your driver’s license, the forms include much more than consent for driving a vehicle on New Jersey roads, but also include content and consent to chemical testing in an implied consent clause. Specifically, the forms state that you agree to comply with requests by officers for chemical testing to assess your blood alcohol concentration in the event that you are arrested for driving under the influence.
So You’ve Consented, Now What?
Now that we’ve determined that you have, in fact, already consented to chemical testing of your blood alcohol concentration by signing on the dotted line for your New Jersey driver’s license, the question becomes: To do or not to do. You can refuse to take a chemical test; however, you will still suffer severe penalties and repercussions from refusing to be chemically tested for your BAC. In fact, refusal to submit to a breathalyzer in this event will produce harsh penalties under New Jersey State Law. While DUI defense attorneys can fight to have these penalties dropped, it is a fight nonetheless and an uphill battle at that.
Challenging the Law
In light of the above and even in the face of the above, the implied consent law of New Jersey is continually being challenged. New Jersey DUI attorneys continue to build court defenses against implied consent, arguing double jeopardy, as you are subject to license suspension and criminal action. New Jersey State disputes this defense by noting that license suspensions are in the hands of the DMV under an administration action and reasons that driving is not a right, but a privilege.
Fight for Your Rights
If you’re a facing a DUI charge and you have any questions regarding implied consent or its effect on your case, consult a New Jersey DUI attorney immediately to discuss your matter.
