Drivers who are operating a motorized vehicle in the state of New Jersey have implicitly agreed to submit to a breath, blood, or urine testing for blood-alcohol content (BAC) if they are asked to do so by a law enforcement officer.
Failure to comply with New Jersey’s Implied Consent Laws, which means they either refused to submit to the BAC test or they submitted to the test and their BAC was above the legal limit, will result in a license suspension from the New Jersey Department of Motor Vehicles.
Under New Jersey’s Implied Consent Laws, which are civil proceedings separate from any criminal penalties a driver might face, the Department of Motor Vehicles will impose a mandatory suspension for a 1st time offense for 90 days, one year for the second offense and three years for the 3rd offense.
New Jersey CDL – What if I failed or refused the BAC test?
What if you have a commercial driver’s license? The rules are the same, but your blood alcohol concentration must be less than 0.04%. If you are operating a motorized vehicle and the officer asks you to submit to a chemical test and you either refuse or your BAC is above the legal limit your CDL will be revoked for at least one year for a first time violation.
If you are carrying hazardous materials at the time of your drunk driving arrest you will lose your CDL for at least three years. What if you are arrested for a second DUI? Your CDL license will be permanently revoked.
How can I avoid a suspension of my CDL after a DUI arrest?
We recently had a commercial driver in New Jersey ask how they can avoid a suspension of their commercial driver’s license after a drunk driving arrest in New Jersey. There are several issues to discuss:
1. Was the driver’s license suspended through an administrative license suspension?
If the driver refused to submit to the BAC test or they took the test and their BAC was 0.04% or higher the only way to save their license is to challenge the license suspension through an administrative hearing.
Most likely after your DUI arrest the officer confiscated your license. It is time to talk to a DUI lawyer. You will have a specific number of days to request an administrative hearing to review your license suspension. If you prevail at your hearing the DMV will not suspend your license for the civil infraction, but if you are convicted of DUI your license may still be suspended.
If you do not request a hearing or you do not win at your hearing your license will be suspended.
If your license was not suspended by the DMV, for instance, you submitted to the BAC test and you passed the test but you were still charged with DUI, then you will have to prove that you were not intoxicated.
For instance, let’s say your BAC was 0.03% and you passed the BAC test but the officer believed they had sufficient evidence to charge you with a DUI, you may not face an administrative license suspension but you may still lose your license if the state proves you were driving under the influence of alcohol. If this is the case you will need to prove you were not intoxicated to save your license.