In New Jersey if you get arrested for a DUI, you must take a Breathalyzer test. When you get your license in New Jersey, you give consent for this test, known as "implied consent." If you refuse to take a Breathalyzer test, you will be detained and brought to a hospital where hospital staff may draw blood.
If you refuse a Breathalyzer test, you will face the same loss of driving privileges as a DUI offense.
The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer test.
In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).
Being convicted of a DUI is a serious offense, carrying heavy penalties including:
Fines, fees and surcharges
Ignition interlock device
If you are under 21 years old and are convicted for driving or boating with a BAC of .01% or higher, the following penalties apply:
30–90 day license suspension
Possible combination of the minimum sentences above and select DUI Mandatory Fines and Penalties, depending on the situation
15–30 days mandatory community service
Participation in alcohol education and highway safety programs at an Intoxicated Driver Resource Center
If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30–90 day delay in processing your driver license
First DUI offense: Installation of interlock device for six months to one year upon restoration (judge's discretion); BAC 0.15% or greater requires mandatory installation of ignition interlock device during license suspension and for 6 months to 1 year following restoration
Second DUI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration
Third DUI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration If the court sentences you to get an interlock device, you will receive a notice of suspension from MVC with instructions on how to obtain the device. IMPORTANT NOTE: Failure to have an ignition interlock installed when ordered by a judge could result in an additional one year driving privilege suspension.