Breath tests If you are placed under arrest by a police officer who believes that alcohol has affected your driving, he may ask you to take a breath test.
New Jersey has an Implied Consent Law.
This means when you drive on New Jersey roadways, you agree to a breath test following an arrest for a drinking-driving offense. If you do not provide a breath sample and are detained, the hospital staff may take a blood sample. Offenders must also complete an Alcohol Screening and Evaluation Program at a county Intoxicated Driver Resource Center. Failure to pay the surcharge will result in indefinite suspension of all driving privileges. MVS will file a judgment action for unpaid surcharges, secure a lien against any real property that you own, file a garnishment for your wages, or similar actions.