A DUI traffic stop in New Jersey involves several moving parts. From the time the police officer pulls you over, everything you say and every action you take may become evidence in a case against you. When the officer asks you to give a breath sample, you may hear the term implied consent.
Your rights allow you to refuse the administration of a blood or breath test unless a judge signs a warrant for one. Implied consent, however, may mean that you lose your driving privileges if you exercise this right of refusal.
What does implied consent mean?
Becoming a licensed driver requires tests and an oath to remain law-abiding and protect others by driving safely. During this process, you also agreed to give law enforcement a breath or blood sample under reasonable requests. If you do not succumb and provide a breath or blood test, the DMV has the right to suspend your license.
Can you get your license back if you do not face DUI charges?
The most significant caveat to refusing a breath or blood test is that your license remains suspended regardless of the outcome of your DUI case. Under New Jersey law, your non-compliance with a reasonable request is the one element necessary to take away your driving privileges, regardless of whether you even face DUI charges or not.
While the choice of giving a test is yours, the state mandates the repercussions. Someone with experience in implied consent defense may assist in getting you a provisional license for work or school.