• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-965-3350
  • The Firm
    • Why Choose Villani & DeLuca
    • Client Testimonials
    • Our Attorneys
      • Carmine Villani, Esq.
      • Vincent DeLuca, Esq.
      • Gina Ravaschiere, Esq.
      • Timothy Horn, Esq.
      • Michael Ayres, Esq.
      • Benjamin M. Hoffman, Esq.
      • Robert H. Johnson, Esq.
    • Press Room
  • Family Law
    • Divorce
    • Alimony
    • Child Custody
    • Child Support
    • Collaborative Divorce
    • Divorce Mediation
    • Gay Marriage
    • Qualifications
    • Download Free Divorce eBook
    • FAQ’s
    • Glossary
  • Criminal Defense
    • Criminal Charges
    • Conditional Discharge
    • Pretrial Intervention
    • Expunging a Charge
    • Juvenile Charges
    • School Employee Disqualification
    • Qualifications
    • Statutes
    • FAQ’s
    • Glossary
  • Personal Injury
    • Slip and Falls
    • Workers’ Compensation
    • Dog Bites
    • Radiology Malpractice
    • Swimming Pool Injuries
    • Car Accidents
    • Amusement Park Injuries
    • Prescription Drug Recalls
    • Prescription Drug Errors
    • Jet Ski Accidents
    • Boat Accidents
    • Bus Accidents
    • Truck Accidents
    • Construction Accidents
    • Product Liability Injuries
  • DWI Law
    • Alcotest® Certification
    • DWI Penalties
    • DWI Refusal
    • DUI of Drugs
    • Refusal Penalties
    • Qualifications
    • Motor Vehicle Statutes
    • FAQ’s
    • Glossary
  • Other Areas of Practice
    • Bankruptcy
      • Filing for Bankruptcy in NJ
      • Chapter 7
      • Chapter 13
      • Effects of a Bankruptcy Filing
    • Liquor License Attorney
      • Obtaining Retail Liquor License
      • Buying a Retail Liquor License
      • Liquor Manufacturing Licenses
      • Understanding Wholesale Liquor Licenses
  • Legal Resources
    • Divorce
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • Bankruptcy
    • ABC
  • Contact

Breath Test Refusal Lawyers in Belmar NJ

DWI Lawyers Can Help with Belmar NJ Breath Test Refusal Charges

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.

Breath Test Refusal in Belmar, New Jersey

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.

Blood Test Refusal

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.

Turn to a DWI Lawyer with Experience Defending Refusal Charges

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

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:

First Offense

A suspended license for no less than seven months and a fine of at least $300.

Second Offense

You may lose your license for a minimum of two years and owe fines of at least $1,000.

Third Offense

Loss of license for 10 years and a mandatory fine of $1,000.

Contact Villani & DeLuca for a Free Consultation

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.

Primary Sidebar

Free Consultation

Recent Posts

  • Did You Refuse To Leave A Bar At The Jersey Shore?
  • NJ Has The Lowest Divorce Rate In The US
  • Brick Township, NJ Divorce Lawyers
  • Domestic Violence Charges in Brick Township, NJ
  • Does New Jersey Need More Strict DWI Laws?

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Bankruptcy Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-965-3350

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-481-1325

info@villanideluca.com

Get Directions

Brick Office

Office

186 Mantoloking Rd #1

Brick, NJ 08723

Phone: 732-965-3345

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-965-3350

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2019 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap