You don’t have the right to say no to a breath test request from a police officer in New Jersey. There is implied consent in NJ, meaning that a potentially drunk driver is required to take a breath test upon request. Harsh consequences can be the result of a breath test refusal.
Charges for refusal do not necessarily mean that you will be convicted. The consequences can be steep, but DUI lawyers are very equipped to protect you during a trial. The context of your arrest and the protocol of the cop who arrested you can help you beat the charges.
Ask for a DWI lawyer in Belmar, New Jersey now.
If you know your rights at the state and federal level, you will have a clearer chance of beating charges brought against you in court. With the assistance of a DWI attorney in NJ, you can learn about your rights and how to ensure they are not infringed upon.
An officer may stop you for many reasons, such as standard moving violations. But, before an officer may ask you to take a breath test, he or she must ascertain probable cause.
When officers have a reasonable foundation for believing a driver is driving under the influence, they are legitimately permitted to perform a breath test. Generally, it is not smart to turn down a breath test in NJ. New Jersey implied consent states that you are required to take a breath test if the right process has been recognized.
A refusal charge can have more legal consequences than a standard DWI. A refusal charge can even necessitate a stronger legal strategy in order to avoid a conviction. Your lawyer should be able to dispute the arrest itself. If there is a chance ofbeating your charges, a DUI lawyer can help.
A blood test may be used to test a suspected DUI driver for drugs. Reasonable cause has to exist for an officer to perform a blood test, much in the same way as when a breath test is implemented. Refusal charges apply to blood tests as well as breath tests.
Your DWI attorney needs to have the experience to help you beat a refusal charge. Carmine Villani, Esq. has been challenging refusal charges in New Jersey for years. Mr. Villani is trained in the methods that officers use in the field to ascertain whether someone is operating a car with a BAC over the legal limit. He has been trained to use the Dreager Alcotest® and will help you fight your charges based on any mishandling of technology or a lack of process that could have occurred during your arrest.
Breath test refusal penalties do not replace DUI penalties. Instead, you may face the ramifications of DUI in addition to refusal. Lawyers from Villani & DeLuca will work with you to fight DWI charges as well as refusal charges in part because of experience. If you have a past refusal conviction, a second or third one will have more extreme penalties. Consequences for DUI and refusal convictions contain large fines as well as jail time, license suspension periods and ignition interlock devices.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), a driver who refuses to take part in a breath test is subjected to the following penalties:
A suspended license for no less than seven months and a fine of at least $300.
You may 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.
If you or a person you care about was charged with refusing a breath test in Belmar, contact Villani & DeLuca today. Our lawyers are ready to answer your questions during a free consultation when you dial 732-965-3350.
