Declining to take a breath test if you are suspected of drunk driving is not smart. New Jersey’s implied consent law means that a driver who gets stopped for suspicion of drunk driving is required to participate in a breath test. Breath test refusal charges can lead to an arrest and serious charges.
You should not always plead guilty right away to breath test refusal in NJ. Ask a DWI lawyer to help you find out if protocol was executed during and before your arrest for refusal charges. Any incident or improper action taken by an officer can add to your case. A lawyer can argue on your behalf if extenuating circumstances led to you refusing to take the breath test.
Ask for a DUI attorney in Brielle, New Jersey now.
If you know your rights at the state level, you will have a much better chance of beating charges brought against you in court. A skilled New Jersey DWI attorney will be able to keep you informed of these rights and make it easier for you to protect them.
If law enforcement does not have probable cause to administer a breath test, initiating the test anyway is a breach of your rights. Probable cause needs to be demonstrated if you have been stopped for your driving.
If an officer has a valid reason (probable cause) to believe that you may be driving a car after consuming alcohol, a breath test may be necessary. Generally, it is not recommended to turn down a breath test in New Jersey. According to implied consent laws in our state, you must take a breath test if an officer has followed procedure and thinks your blood alcohol concentration (BAC) level might be above 0.08%.
Normal DWI charges can come with penalties that are not as steep as refusal charges. Refusal charges may even be harder to challenge than a DUI. Your lawyer should be able to challenge the arrest itself. With any luck, your NJ DUI attorney can find reasons to challenge your charges and your charges will be dropped or reduced.
A blood test can be used as an alternative to breath tests on certain occasions. Some instances an officer may opt for a blood test include: injuries to the suspect, after a breath test has already been declined, or if the officer suspects drug usage. In New Jersey, refusing a blood test is equal to refusing a breath test.
Carmine Villani, Esq., a founding partner of Villani & DeLuca, P.C., has experience prosecuting and defending DUIs in NJ. This rare experience on both sides of DUI law in NJ is a beneficial piece of background that is not standard for DWI lawyers. Mr. Villani is part of a small group of New Jersey DUI attorneys trained in both the Draeger Alcotest® and the previously used Breathalyzer. Mr. Villani is even trained in other DWI recognition procedures that officers in NJ must know in order to properly check for symptoms of drunkenness.
Former convictions for DUI and refusal will make penalties steeper every time if you do not have the right legal counsel. Jail sentences and a revoked license can come from a refusal conviction. You need an attorney who will battle to minimize or beat charges so you do not receive penalties like these.
Penalties and fines due to refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
Loss of license for a minimum of seven months and a fine of at least $300.
You may lose your license for a minimum of two years and have to pay fines of at least $1,000.
A 10-year license suspension and a $1,000 penalty.
Contact Villani & DeLuca for breath test refusal charges that you need to fight in Brielle, NJ. Our attorneys are ready to answer your questions during a free consultation when you dial 732-965-3350.
