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Under New Jersey Law, What Does “Implied Consent” Mean?


‘Implied consent’ refers to a condition for driving in the State of New Jersey. It means that you will agree to provide your breath samples upon a request by the police if the need arises. However, if you fail to provide breath samples, it charges you with refusal, which carries nearly identical penalties to a DWI conviction.

What Is A “Refusal By Police” In A DWI Case?

Anything other than an unambiguous “yes” refers as a refusal. Therefore, “I’m not sure” or, “I want a lawyer,” or anything other than “yes” is a refusal.

What Are The Consequences Of A Refusal In New Jersey?

The penalties are identical to DWI. First offense leads to a 7-months suspension, second offense refers to a 2 Year suspension, and 10 years loss of license with mandatory 6 months in jail for a third offense.

What Are The Basic Elements Of A Viable Refusal Case?

Failure to provide breath samples by the suspect is the basic element of a viable refusal case. It is nearly strict liability.

What Are Potential Defenses In A Refusal Case In New Jersey?

Potential defenses in a refusal case includes not being given the instructions in your native language, inability to provide breath samples (due to age or respiratory capacity) or not being on a public road. In addition, there is also a confusion doctrine.

For more information on Implied Consent in New Jersey, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (908) 210-9755 today.

The Law Offices of James A. Abate LLC

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