NJ A809

Law enforcement officers must immediately suspend and confiscate the driver's license of anyone arrested for DUI, refusing a breath test, or for underage drivers (under 21) operating with a BAC of 0.01% to 0.08%

Officers must forward the confiscated license, suspension notice, and report to the Chief Administrator of the Motor Vehicle Commission

Drivers may request a hearing within 10 days to contest the suspension, with the hearing held by an administrative law judge within 10 days of the request

At the hearing, the judge must determine by clear and convincing evidence whether there was factual basis for the stop and proper charges; if so, the suspension continues pending municipal court adjudication

Any preliminary suspension period will be credited toward any final suspension imposed after conviction, and hearing determinations are not admissible as evidence in criminal proceedings