Simply by using New Jersey roadways, you have agreed to a breath test following an arrest for a drinking-and-driving offense. This is known as the

Correct answer

  • The Probationary License Law
  • Implied Consent Law
  • The B.A.C. Act

Explanation

The implied consent law means that you have agreed, simply by using New Jersey roadways, to submit to a breath test given by law enforcement or hospital staff following an arrest for a drinking-and-driving offense. Motorists who refuse to take a breath test will be detained and brought to a hospital, where hospital staff may draw blood.Under state law, refusal to take a breath test is equal to driving with a BAC of .10 percent for a first offense. The current penalty for both is the loss of driving privileges for seven months to one year, to run concurrently or consecutively, based upon a judge?s order (N.J.S.A. 39:4-50.4a). Motorists who refuse to take a breath test in New Jersey are also subject to a violation surcharge of $1,000 per year for three years (N.J.S.A. 17:29A-35). Failure to pay this surcharge will result in an indefinite suspension of driving privileges until the fee is paid.

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