What is Implied Consent in a New Jersey DWI Prosecution?

implied-consent-in-a-new-jersey-dwi-prosecutionWhen you’ve been pulled over by law enforcement officers in New Jersey because of suspicions that you are driving while intoxicated, one of the first things you can expect, after the officer asks if you have been drinking, is to be subjected to a blood alcohol test. You have the right to refuse to take the test, but the consequences of making that decision can be severe. That’s because New Jersey applies the law of “implied consent” to traffic stops involving DWI investigations.

“Implied Consent” Defined

The principle of implied consent holds that, simply by getting behind the wheel of a vehicle, you have agreed to take any chemical test requested by a police officer to determine whether you are under the influence of any substance that would negatively affect your ability to safely operate the vehicle. Such consent is deemed to be implied, because it applies regardless of whether you affirmatively agree to submit to the test, and even if you verbally indicate that you won’t take the test.

The officer, however, cannot compel you to take the test. However, if it’s the first time you’ve refused to comply with a breathalyzer request, you’ll immediately have your license suspended for seven months. A second refusal will cause you to lose your license for two years and a third will result in a 10 year revocation of your driving privileges.

Contact Attorney Michael Curtis Greenberg

Don’t lose your license or go to jail. Let us fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at 855-598-3650.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015
by
The American Society of Legal Advocates

What Happens at a PennDOT DMV Administrative Hearing?

penndot-dmv-administrative-hearingIf you’ve been pulled over and charged with driving under the influence (DUI) in Pennsylvania, you’ll soon learn that there are two separate components to the process. You’ll ultimately have to go to court to establish your guilt or innocence and learn any criminal penalties. But there’s also a process whereby the Pennsylvania Department of Transportation’s (PennDOT) Department of Motor Vehicles (DMV) will determine whether your driving privileges will be affected. In most instances, the DMV hearing does not take place until the criminal matter has been resolved. Don’t think, though, that dismissal of the criminal charge will eliminate the need for the administrative hearing. Your license can be suspended even if charges are dropped or reduced.

When you are formally charged with a DUI, the arresting officer is required to notify PennDOT. PennDOT will then send you notice of the suspension of your license by mail. You must request a hearing with the DMV within 30 days of your receipt of the notice of suspension or your driving privileges will automatically be suspended for 12 months.

At the administrative hearing, there will be a presiding PennDOT hearing officer, who will function like a judge. In most instances, the arresting officer will be there to offer evidence against you. Unlike the criminal proceeding, where your guilt must be established beyond a reasonable doubt, the standard of proof at an administrative proceeding is probable cause—did the arresting officer have probable cause to believe that you were driving under the influence?

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. Let us fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at 855-598-3650.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015
by
The American Society of Legal Advocates