• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-709-7757
  • About The Firm
    • Why Choose Villani & DeLuca
    • Press Room
  • Our Attorneys
    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
    • Jay Turnbach, Esq., Of Counsel
  • Areas of Practice
    • Divorce & Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Liquor License
  • Legal Resources
    • Divorce
      • New Jersey Divorce Attorney
      • New Jersey Online Divorce
      • New Jersey Divorce Mediator
      • New Jersey Divorce Mediation
      • Ocean County Divorce Mediation
      • Monmouth County Divorce Mediation
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • ABC
  • Client Testimonials
  • Contact

Breath Test Refusal Lawyers in Allenhurst NJ

DWI Lawyers Can Defend Your Allenhurst NJ Breath Test Refusal Charges

You do not have the right to say no to a breath test request from a police officer in New Jersey. The implied consent law in NJ means that you have to participate in a breath test if you are suspected of drunk driving. Serious consequences can come from a breath test refusal.
Just because you were accused of refusal does not mean you will have to suffer the penalties of a guilty verdict. The consequences can be steep, but DUI lawyers are very equipped to protect you during a trial. The actions of officers and other law enforcement officials can lead to dismissed or reduced charges.

Get help from your DUI lawyer in Allenhurst, New Jersey today.

Breath Test Refusal in Allenhurst, New Jersey

Knowing your rights is almost as imperative as having a lawyer who can elaborate on them. Trying to get your charges dropped is much simpler with the help of a DWI attorney who knows your rights inside and out.
An officer may stop you for a variety of reasons, such as ordinary moving violations. But, probable cause must be proven before a breath test can be administered.
When officers have a judicious basis for thinking someone is driving under the influence, they are legitimately allowed to perform a breath test. Generally, it is not in your best interest to turn down a breath test in NJ. New Jersey implied consent dictates that you are required to undergo a breath test if proper steps have been followed.
A refusal charge can cause more legal consequences than a standard DUI. A refusal charge can even require a stronger legal strategy in order to avoid a conviction. However, a qualified attorney can argue against the circumstances of your arrest. With any luck, your NJ DWI lawyer can find grounds to dispute your charges and your charges will be thrown out or reduced.

Blood Test Refusal

In some cases, when a breath test is declined or an officer is unable to conduct it, the officer may choose to use a blood sample instead. If someone is incapable of participating in a breath test for medical reasons, for instance, a blood test may be permitted. Blood tests are also implemented to test for drugs.

Consult a DWI Lawyer with Experience Fighting Refusal Charges

Experience is an important factor in disputing DUI refusal charges. With years of experience is his corner, Carmine Villani, Esq. fights DUI refusal charges for clients in New Jersey. He has had the same training as officers in NJ 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 misuse of technology or a lack of procedure that could have taken place while you were being arrested.

Breath Test Refusal Penalties

A breath test refusal charge can be added to DWI and DUI charges, making penalties even steeper. You could face license revocation, ignition interlock devices and jail time. You should have a lawyer who will battle to minimize or defeat charges so you do not receive penalties like these.

According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), someone who decides he or she will not take part in a breath test is in danger of the following penalties:

First Offense

You may lose your license for a minimum of seven months and confront fines that reach from $300 to $500.

Second Offense

A suspended license for two years in addition to a max fine of $1,000.

Third Offense

A 10-year license suspension and a $1,000 fine.

Speak with Villani & DeLuca for a No Risk Consultation

Contact Villani & DeLuca for breath test refusal charges that you would like to dispute in Allenhurst, New Jersey. Criminal defense attorneys from Villani & DeLuca are available 24 hours a day, 7 days a week. Call 732-965-3350 any time for a free initial consultation.

Primary Sidebar

Free Consultation

Recent Posts

  • Super Lawyers Carmine R. Villani & Vincent C. DeLuca
  • Divorce in New Jersey-Adultery
  • Divorce Attorney Brick New Jersey
  • Carmine R. Villani weighs in on Bruce Springsteen DWI in the New York Times
  • Villani & DeLuca Divorce Attorneys in Toms River

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-709-7757

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-595-4213

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-709-7757

Villani & DeLuca P.C. BBB Business Review

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2021 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap
X
Free Consultation: Schedule Now Call Now: 732-709-7757