DWI Lawyers Can Defend Your Asbury Park NJ Breath Test Refusal Charges
Although you may be under the impression that turning down a breath test is smart, it is not part of your rights in NJ. There is implied consent in NJ, meaning that a suspected inebriated driver is required to take a breath test upon request. Strict consequences can come from a breath test refusal.
Just because you were charged with refusal does not mean that you will be convicted. The consequences can be serious, but DWI lawyers are very equipped to protect you during a trial. The actions of police and other law enforcement officials can lead to dropped or reduced charges.
Speak to a DUI lawyer to defend you from refusal charges in Asbury Park, NJ.
Breath Test Refusal in Asbury Park, NJ
Knowing your rights is nearly as important as having a lawyer who can elaborate on them. Your DWI lawyer can protect your rights for the purpose of getting charges against you dropped.
An officer can stop you for one of many disparate infractions, like going through a stop sign or a red light, talking on your cell phone, speeding, or a brake light malfunction. But, probable cause must be proven before a breath test can be administered.
When officers have a reasonable foundation for believing someone is driving under the influence, they are legally allowed to implement a breath test. Generally, it is not recommended to refuse a breath test in New Jersey. NJ implied consent dictates that you are required to undergo a breath test if the correct process has been recognized.
Refusal charges are a lot more difficult to beat than typical driving while intoxicated and DUI charges. However, a seasoned DWI attorney can find ways to challenge a NJ refusal charge. For instance, your lawyer may be able to fight the prosecution based on the validity of your vehicle being stopped. An unlawful stop of a vehicle can be justification to fight refusal charges. The legality of a Standardized Field Sobriety Test can also be challenged.
Blood Test Refusal
In some instances, when a breath test is refused or an officer is unable to administer it, the officer may decide to use a blood test instead. If a person is incapable of participating in a breath test for medical reasons, for instance, a blood test can occur. Blood tests are also used to test for drugs.
Consult a DWI Lawyer with Experience Challenging Refusal Charges
Your DUI attorney should have the experience to help you defeat a refusal charge. Carmine Villani, Esq. has been challenging refusal charges in NJ for years. He has received the same training that officers in New Jersey receive to check for BAC levels. He has been educated in the Dreager Alcotest® and will help you challenge your charges based on any mishandling of technology or a lack of process that may have taken place during your arrest.
Breath Test Refusal Penalties
Breath test refusal ramifications do not replace DWI penalties. Instead, you may face the ramifications of DWI in addition to refusal. Attorneys from Villani & DeLuca will work with you to fight DUI charges as well as refusal charges in part because of experience. The penalties associated with refusal in New Jersey become even more severe if you have multiple DUI convictions or refusal convictions. Refusal penalties include expensive fines, license suspensions and ignition interlock devices.
According to the New Jersey 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
Loss of license for no less than seven months and a fine of at least $300.
Second Offense
Two-year suspension of license in addition to a max fine of $1,000.
Third Offense
Loss of license for 10 years and a mandatory fine of $1,000.
Contact Villani & DeLuca for a Complimentary Consultation
If you or someone you care about has been charged with breath test refusal in Asbury Park, contact Villani & DeLuca today. Criminal defense attorneys from Villani & DeLuca are available all day, every day. Call (732) 709-7757 now for a free-of-charge initial consultation.