Anyone who operates a motor vehicle on any public road, street or highway or quasi-public area in New Jersey is deemed to have given consent to the taking of their breath or blood sample for a chemical test to determine their blood alcohol content (BAC) if they are arrested for driving while impaired. This is New Jersey’s implied consent law.
Here is what to know about it:
Certain procedures have to be followed
When the police have reasonable grounds that you may be driving while drunk, they will stop you. They will look for signs of intoxication and may ask you to perform standardized field sobriety tests (SFSTs) on the roadside. The officer’s observations and your performance on the field tests can establish probable cause for arrest.
Following your arrest, the officer will generally request a breath sample to determine your BAC while you are at the police station. However, certain steps must be followed. Firstly, the officer must read to you a standard statement informing you of your legal obligation to submit to a breath test and warning you of the consequences of refusing to submit to the test. Then, they must observe you continuously for 20 minutes before administering a breath test.
Additionally, the officer must take samples in accordance with the provisions of the law. Samples cannot be taken forcibly and against physical resistance. A record of taking your sample shall be made, including the date and time. The result of any chemical tests performed is also recorded. You can request a copy of the record.
After submitting to police testing, you shall be permitted to have an independent person or physician of your choice conduct a separate test of your breath, urine or blood to verify your BAC.
The right procedures must be followed for New Jersey’s implied consent law to apply. If you believe certain steps were not observed, get more information on how you can defend yourself.