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Thomas Carroll Blauvelt

Can you lose your license if you don’t take a Breathalyzer?

Suppose a police officer pulls you over and suspects you’re under the influence of a substance. In that case, they may ask you to take a Breathalyzer. The results of a Breathalyzer indicate how much alcohol is in your blood, which tells the office if you’re over the legal limit.

You might fear that a driving under the influence (DUI) ticket will result in losing your driver’s license. You might be surprised to learn that New Jersey is an implied consent law with serious consequences, such as loss of license. 

What is implied consent?

Implied consent means that by driving on public streets, you’ve given your consent to submit to chemical testing. Typically, this is accomplished through a Breathalyzer; other forms of chemical testing may also include urine or blood.

What are the consequences of a failure to submit?

Failure to submit to chemical testing in the state of New Jersey can carry severe consequences. Failure to submit consequences operates much like the consequences of a DUI. A pattern of such behavior can result in harsher discipline but can include the following:

  • 1st offense: Up to a $500 fine, loss of driving privileges for at least seven months, mandatory fees, and referral to the intoxicated driver resource center (IDRC).
  • 2nd offense: Up to a $1,000 fine, suspended license for two years, mandatory fees, and referral to IDRC.  
  • Three or more offenses: A $1,000 fine, 10-year suspension of driving privileges, mandatory fees, and referral to IDRC.

Both a DUI and refusal to submit charges can result in the suspension of your driver’s license. If you’re facing charges, learning more about the laws regarding DUI and some experienced legal guidance may help protect your rights.