You do not have the right to reject a breath test request from a police officer in New Jersey. There is implied consent in NJ, meaning that a potentially drunk driver must take a breath test when it is requested. Harsh penalties can be the result of a breath test refusal.
If you have been accused of breath test refusal in New Jersey, don’t automatically plead guilty. Contact a knowledgeable DWI attorney to make sure police followed correct protocol during your arrest, including probable cause, proper use of equipment, or having the right certification in breath test administration. How law enforcement handled the implementation of your breath test, or the steps leading up to breath test refusal, can lead to charges being notably reduced or even dropped. Your lawyer may even be able to provide additional refusal justifications, such as translation barriers or medical issues.
Ask for a DUI lawyer in Atlantic Highlands, New Jersey today.
If you are unsure what your rights are, you will have a much harder time challenging refusal charges. A skilled NJ DWI attorney will be able to inform you of these rights and make it easier for you to protect them.
If an officer has not proven probable cause to give a breath test, commencing with the test anyway is a violation of your rights. Even if you are stopped for a traffic violation, probable cause needs to be proven by the officer.
If a police officer has a valid reason (probable cause) to think that you may be operating a car under the influence of alcohol, a breath test may be the next logical step. Generally, it is not smart to turn down a breath test in New Jersey. New Jersey implied consent states that you have to take a breath test if the right steps have been recognized.
The difficulty of fighting a DWI charge is not even close to as difficult as fighting a refusal charge in many circumstances. But, a seasoned DUI lawyer can find strategies to fight a New Jersey refusal charge. A lawyer can challenge your arrest and all the events that happened before the arrest, such as your car being stopped and what led to that decision. An unlawful stop of a vehicle can be enough to fight refusal charges. Your DWI lawyer might also be able to fight the frequently subjective results of the Standardized Field Sobriety Test (SFST).
A blood test may be used to test a driver for drugs. An officer must have reasonable cause to implement a blood test as well. Refusal charges concern blood tests and breath tests.
Carmine Villani, Esq. has had experience defending and prosecuting DUIs in NJ. His experience representing each side of drunk driving arrests gives him qualifications that many other defense lawyers in NJ lack. Mr. Villani is part of a select number of NJ DWI lawyers trained in both the Draeger Alcotest® and the formerly used Breathalyzer. Mr. Villani is even trained in other DUI detection procedures that officers in NJ must know in order to successfully test for symptoms of drunkenness.
According to state law, breath test refusal charges come with consequences that are in addition to any DWI and DUI consequences. Attorneys from Villani & DeLuca will work with you to fight DUI charges as well as refusal charges thanks to years of experience. The penalties related to refusal in New Jersey become even more severe if you have prior DUI convictions or refusal convictions. Refusal penalties include fines, license suspensions and ignition interlock devices.
Penalties and fines resulting from refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
A suspended license for no less than seven months and a fine of at least $300.
You will lose your license for at least two years and owe fines of a minimum of $1,000.
Loss of license for a decade and a mandatory fine of $1,000.
Contact Villani & DeLuca for breath test refusal charges that you would like to fight in Atlantic Highlands, New Jersey. Our attorneys are here to respond to your questions during a free consultation if you call 732-965-3350.
