DWI Lawyers Will Protect You from Bradley Beach NJ Breath Test Refusal Charges
Although you may be under the impression that turning down a breath test is smart, it is not within your rights in NJ. There is implied consent in NJ, meaning that a potentially intoxicated driver is required to take a breath test when it is requested. Strict consequences can be the result of a breath test refusal.
Charges for breath test refusal do not necessarily mean that you will be found guilty. DUI attorneys can help you evade costly penalties for refusal. The actions of officers and other law enforcement officials can lead to dropped or reduced charges.
Speak to breath test refusal lawyers in Bradley Beach to protect yourself from serious charges.
Refusing a Breath Test in Bradley Beach, New Jersey
An attorney with knowledge of your rights pertaining to DWI stops and refusal is paramount. Your DWI attorney can defend your rights in order to have charges against you reduced.
Probable cause is a crucial topic when defending your rights against refusal charges. Probable cause needs to be established if you have been stopped for your driving.
If probable cause is established, an officer may ask you to perform a breath test. If the officer thought your blood alcohol concentration (BAC) level could be more than 0.08%, you would have had to accept the breath test.
Refusal charges are much harder to beat than typical driving while intoxicated and driving under the influence charges. But, a seasoned DUI attorney can come up with ways to challenge a NJ refusal charge. For instance, your lawyer may be able to fight the prosecution based on the legality of your car being stopped. An unlawful stop of a vehicle can be enough to dispute refusal charges. The legality of a Standardized Field Sobriety Test can also be fought.
Blood Test Refusal
In some instances, when a breath test is declined or an officer is unable to administer it, the officer may choose to use a blood test instead. If someone is not able to take part in a breath test for medical reasons, for instance, a blood test may occur. Blood tests are also used to test for drugs.
Consult a DWI Lawyer with Experience Defending Refusal Charges
Experience is an important mechanism in fighting DWI refusal charges. Carmine Villani, Esq. has been fighting refusal charges in NJ for years. He has had the same training as officers in NJ receive to test for drunk driving. He has been educated in the Dreager Alcotest® and will help you fight your charges based on any mishandling of technology or a lack of procedure that could have occurred while you were being arrested.
Penalties for Breath Test Refusals
Breath test refusal penalties do not replace DUI penalties. Instead, you may face the ramifications of DUI as well as refusal. This is why you should choose lawyers who challenge both refusal and DUI charges in New Jersey. The penalties connected to refusal in New Jersey become even more severe if you have prior DWI convictions or refusal convictions. Consequences for DWI and refusal convictions contain bulky fines as well as jail time, driver's license suspension periods and ignition interlock devices.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), somebody who refuses to participate in a breath test is subjected to the following penalties:
Loss of license for no less than seven months and a fine between $300 and $500.
You may lose your license for a minimum of two years and have to pay fines of a minimum of $1,000.
Loss of license for a decade and a mandatory fine of $1,000.
Contact Villani & DeLuca for a Complimentary Consultation
Looking for a DUI refusal attorney to help you fight charges in Bradley Beach, New Jersey? Contact Villani & DeLuca now. Our attorneys are ready to help all day long. Inquire about a free consultation when you call (732) 709-7757!