DWI Lawyers Can Defend Your Allentown NJ Breath Test Refusal Charges
You can't evade a DWI simply by saying ‘no' to a breath test. You might actually make your situation worse by refusing to take a breath test. NJ has an implied consent law, which necessitates all suspected drunk drivers to provide a blood alcohol concentration sample upon request by law enforcement. When you refuse to take a breath test in NJ, not only will you be arrested for a DWI, but you will face more breath test refusal charges.
Charges for refusal do not always mean that you will be convicted. The consequences can be steep, but DUI attorneys are well equipped to protect you during a trial. The context of your arrest and the procedure of the cop who arrested you can make it easier for you to beat the charges.
Have a DUI lawyer help you with refusal charges in Allentown, New Jersey now.
Breath Test Refusal in Allentown, New Jersey
Knowing your rights is almost as imperative as having an attorney who can explain them to you. Your DUI lawyer can defend your rights in order to have charges against you reduced.
An officer can pull you over for one of many disparate reasons, such as going through a stop sign or a red light, speaking on your cell phone, speeding, or a brake light malfunction. However, before an officer can request that you take a breath test, he or she is required to establish probable cause.
If a police officer has a valid reason (probable cause) to believe that you may be operating a car after consuming alcohol, a breath test may be necessary. It is a bad idea to decline a breath test. NJ implied consent dictates that you have to take a breath test if proper steps have been followed.
The process of beating a DWI charge is not nearly as hard as fighting a refusal charge in many cases. But, there remains hope with a New Jersey DUI attorney in NJ. For example, your lawyer may be able to fight the state based on the legality of your car being pulled over. If you were not pulled over for valid reasons, your charges could be tossed out. The legality of a Standardized Field Sobriety Test can also be challenged.
Blood Test Refusal
A blood test is an alternative to breath tests on certain occasions. Some instances an officer may choose a blood test include: when the suspect is injured, after a breath test has already been refused, or if the officer suspects drug usage. In the eyes of NJ law, refusing a blood test is equal to turning down a breath test.
Consult a DWI Lawyer with Experience Fighting Refusal Charges
Your DWI lawyer needs to have the experience to help you beat a refusal charge. Carmine Villani, Esq. has been fighting refusal charges in NJ for years. He has had the same training that officers in New Jersey receive to check for BAC levels. He knows the correct application of the Dreager Alcotest® and will use that knowledge to prove your case.
Penalties for Breath Test Refusals
According to state law, refusing to take a breath test comes with consequences that are in addition to any DWI and DUI penalties. Lawyers from Villani & DeLuca can help you fight DWI charges as well as refusal charges thanks to years of experience. The penalties associated with refusal in New Jersey become even more severe if you have prior DUI convictions or refusal convictions. Consequences for DUI and refusal convictions comprise big fines as well as prison time, driver's license suspension periods and ignition interlock devices.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), a driver who decides he or she will not take part in a breath test is subjected to the following penalties:
First Offense
Loss of license for a minimum of seven months and a fine up to $500.
Second Offense
You will lose your license for at least two years and owe fines of a minimum of $1,000.
Third Offense
Loss of license for 10 years and a mandatory fine of $1,000.
Contact Villani & DeLuca for a Free Consultation
Contact Villani & DeLuca for breath test refusal charges that you would like to fight in Allentown, New Jersey. Criminal defense lawyers from Villani & DeLuca are available all day, every day. Call (732) 709-7757 today for a free-of-charge initial consultation.