New Jersey § 26:2b-16

§ 26:2b-16.

Any person who is intoxicated in a public place may be assisted to his residence or

to an intoxication treatment center or other facility by a police officer or other

authorized person. To determine whether or not such person is intoxicated, the police officer may request

the person to submit to any reasonable test, including, but not limited to, tests

of his coordination, coherency of speech, and breath. Any person who is intoxicated in a public place and who a police officer has reason

to believe is incapacitated shall be assisted by the police officer to an intoxication

treatment center or other facility. A police officer acting in accordance with the provisions of this section may use

such force, other than that which is likely to inflict physical injury, as is reasonably

necessary to carry out his authorized responsibilities. If the police officer reasonably believes that his safety or the safety of other

persons present so requires, he may search such person and his immediate surroundings,

but only to the extent necessary to discover and seize any dangerous weapon which

may on that occasion be used against the officer or other person present. All persons acting under the provisions of this section shall be considered as acting

in the conduct of their official duties and shall not be held criminally or civilly

liable for such acts. Any person assisted by a police officer to a facility pursuant to the provisions of

this section shall receive treatment in accordance with section 9. 1 In any event, if such person is determined upon examination to be intoxicated, the

examining physician or other medically competent individual shall so certify and a

duplicate copy of the certification shall be made available to the police officer. A person assisted to a facility pursuant to the provisions of this section, shall

not be considered to have been arrested and no entry or other record shall be made

to indicate that he has been arrested. 1

N.J.S.A. § 26:2B-15.