Implied consent and alcohol testing

In DUI and DWI stops, officers in New Jersey use breathalyzer tests that indicate a driver’s blood alcohol concentration or BAC. When an officer pulls someone over under suspicious of driving under the influence, he or she will often lead the driver through a series of tests. Balance and coordination tests can provide answers as to whether a person might have drugs or alcohol in this or her system. If the cop has reason to believe that the person may be under the influence, he or she will provide a breathalyzer for the driver to take.

The question most drivers have is whether they need to take the breathalyzer. Is it safe to refuse? The answer is no. New Jersey is a state with an implied consent statute. This means that any person who operates a motor vehicle gave consent to breath samples for chemical blood alcohol tests. Now, the officer does have to have reasonable grounds to think that a person is under the influence. While a police officer cannot force a person to take a test, he or she can inform the driver of legal ramifications for refusing a test. Under no circumstances is physical force acceptable.

As per the driving while intoxicated statute, if arrested for a DUI, a person will suffer a fine of no less than $250 or more than $400 and detainment no less than 12 hours and no more than 48. This is for first time offenders who do not have a blood-alcohol level of over .10%.

None of the information provided is legal advice but is instead educational information.