Many people mistakenly think that they can avoid a drunken driving charge by refusing to participate in a breath test or blood test. You might actually make matters worse by refusing to take a breath test. In NJ, you are required by law to participate in a breath test if asked by an officer. Breath test refusal lawyers will tell you that saying “no” to a breath test will result in a DWI in addition to breath test refusal, which is just as bad.
Charges for refusal do not always mean that you will be found guilty. The consequences can be serious, but DUI refusal lawyers are very equipped to protect you during a trial. The events of your arrest and the protocol of the officer who arrested you can make it easier for you to beat the charges.
Safeguard your rights by consulting a DUI lawyer with a background dealing with breath test refusals in Aberdeen, NJ.
An attorney with knowledge of your rights regarding DUI checkpoints and refusal is vital. Fighting to have your charges dropped is much easier with the help of a DUI attorney who understands your rights thoroughly.
If an officer does not have probable cause to give a breath test, commencing with the test anyway is a breach of your rights. Probable cause has to be established if you have been pulled over for your driving.
When law enforcement has a reasonable foundation for believing a driver is driving under the influence, they are legally permitted to use a breath test. Generally, it is not smart to refuse a breath test in New Jersey. NJ implied consent states that you have to undergo a breath test if proper steps have been followed.
A refusal charge can result in more negative implications than a standard DWI. A refusal charge can even necessitate a stronger legal strategy in order to avoid a conviction. Your attorney should be able to fight the arrest itself. With any luck, your NJ DWI lawyer can find grounds to dispute your charges and your charges will be dropped or reduced.
In some cases, when a breath test is refused or an officer is unable to conduct it, the officer may choose to use a blood sample instead. If a person is incapable of participating in a breath test for medical reasons, for instance, a blood test can be permitted. Blood tests are also used to test for drugs.
Experience is a key mechanism in disputing DUI refusal charges. With a multitude of experience is his corner, Carmine Villani, Esq. disputes DWI refusal charges for clients in New Jersey. He has received the same training as officers in New Jersey receive to check for drunk driving. He has been trained to use the Dreager Alcotest® and will help you challenge your charges based on any mishandling of technology or a lack of process that could have occurred while you were being arrested.
Former arrests for DWI and refusal will make penalties steeper every time if you do not have the right lawyers. Jail sentences and a revoked license may come from a breath test refusal conviction. You should have an attorney who will battle to decrease or beat charges so you don’t receive penalties like these.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), a person who refuses to take part in a breath test is in danger of the following penalties:
You can lose your license for a minimum of seven months and face fines that reach from $300 to $500.
You will lose your license for at least two years and have to pay fines of at least $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Contact Villani & DeLuca for breath test refusal charges that you would like to fight in Aberdeen, NJ. Our lawyers are ready to respond to your questions during a free consultation if you dial 732-965-3350.
