Implied consent — New Jersey Permit Test
Implied consent on the New Jersey permit test — 5 rules, each with the reason behind it and a question on it while it is fresh.
The rules
New Jersey has an implied consent law: using the roads is agreement to take a breath test after an arrest for intoxicated driving.
The agreement is made by driving, not at the roadside, so refusing is itself an offense.
New Jersey has an implied consent law.
A driver who refuses a breath test is detained and taken to a hospital, where staff may draw blood.
Refusing does not end the test. It changes who takes the sample and adds a charge.
Motorists who refuse to take a breath test will be detained and brought to a hospital, where hospital staff may draw blood.
Refusing a breath test in New Jersey carries a violation surcharge of $1,000 a year for three years.
Three thousand dollars is the price of refusing, on top of whatever the court adds.
Motorists who refuse to take a breath test in New Jersey are subject to a violation surcharge of $1,000 per year for three years.
An ignition interlock has a built-in breathalyzer and stops the vehicle starting if the driver's blood alcohol concentration is above 0.05 percent.
The car checks before every start, which is the part a court order alone cannot do.
An ignition interlock device has a built-in breathalyzer and prevents the vehicle from starting if the motorist’s BAC exceeds 0.05%.
A first DUI at a blood alcohol concentration of 0.08 to 0.10 percent carries an ignition interlock for three months after restoration.
The device stays on after the license comes back, because that is when the driving restarts.
First DUI offense with BAC 0.08% or greater but less than 0.10%: Installation of ignition interlock device for three months from the date of driving privilege restoration.
On the test
What is New Jersey's implied consent law?
Using the roads agrees to a breath test. The agreement is made by driving, not at the roadside, so refusing is itself an offense. New Jersey Driver Manual, p.127: “New Jersey has an implied consent law.”
How this works
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Where these come from
Every rule here is checked against New Jersey Driver Manual, published by the New Jersey Motor Vehicle Commission, and against the state code itself. Last checked 2026-09-15.