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.
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.
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.
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.
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:
You may lose your license for a minimum of seven months and confront fines that reach from $300 to $500.
A suspended license for two years in addition to a max fine of $1,000.
A 10-year license suspension and a $1,000 fine.
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.
