Although you may be under the impression that refusing to participate in a breath test is a good idea, it is not within your rights in New Jersey. There is implied consent in New Jersey, meaning that a suspected intoxicated driver must take a breath test upon request. The penalties of breath test refusal charges can be severe.
Just because you were accused of refusal does not mean you will have to experience the consequences of a conviction. The consequences can be serious, but DWI lawyers are very equipped to protect you during a trial. The context of your arrest and the protocol of the officer who arrested you can make it easier for you to defeat the charges.
Ask for a DUI attorney in Avon, NJ today.
If you are unsure what your rights are, you will have a more difficult time challenging refusal charges. A skilled New Jersey DWI lawyer will be able to inform you of these rights and make it easier for you to protect them.
An officer will stop you for a variety of reasons, such as ordinary moving violations. But, probable cause has to be established before a breath test can be administered.
In the event of probable cause, breath tests are required by law. You must take the test if the officer is under the impression that your blood alcohol concentration (BAC) is higher than the legal limit of 0.08%.
A refusal charge can have more negative implications than a standard DWI. Refusal charges may also be harder to beat than a DUI. But, a qualified attorney can dispute the events that occurred during arrest. If there is a chance ofbeating these charges, a DWI lawyer can help.
In some instances, when a breath test is refused or an officer is unable to administer it, the officer may choose to use a blood sample instead. If someone is not capable of participating in a breath test for medical reasons, for instance, a blood test can be permitted. Blood tests are also used to test for drugs.
Your DWI lawyer needs to have the experience to help you beat a refusal charge. Carmine Villani, Esq. has been challenging refusal charges in NJ for years. Mr. Villani is educated in the protocol that officers use in the field to ascertain whether a person is operating a vehicle with a BAC over the legal limit. He understands the proper application of the Dreager Alcotest® and will use that information to prove your case.
A breath test refusal charge can be added to DWI and DUI charges, creating more expensive penalties. You could face license revocation, ignition interlock devices and jail time. Your DWI lawyer will work with you to create a defense that works best for your case.
Penalties and fines resulting from refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
A suspended license for a minimum of seven months and a fine between $300 and $500.
You will lose your license for a minimum of two years and owe fines of at least $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Contact Villani & DeLuca for breath test refusal charges that you need to fight in Avon, NJ. Our lawyers are ready to respond to your questions during a free consultation if you dial 732-965-3350.
