In New Jersey an individual consents to a breath test when they accept their license. Having a license is a privilege not a right. And a condition of the privilege is that when you are requested to take a breathalyzer you will submit.
It gets a little bit different when they’re talking about drawing blood from an individual, that same implied consent doesn’t always apply. And an individual certainly can object to blood being drawn, the general standard is that there had to be some accident or some special circumstance to give the police the right to actually draw blood.
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