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

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-709-7757
  • About The Firm
    • Why Choose Villani & DeLuca
    • Press Room
  • Our Attorneys
    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
    • Jay Turnbach, Esq., Of Counsel
  • Areas of Practice
    • Divorce & Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Liquor License
  • Legal Resources
    • Divorce
      • New Jersey Divorce Attorney
      • New Jersey Online Divorce
      • New Jersey Divorce Mediator
      • New Jersey Divorce Mediation
      • Ocean County Divorce Mediation
      • Monmouth County Divorce Mediation
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • ABC
  • Client Testimonials
  • Contact

Breath Test Refusal Lawyers in Colts Neck NJ

DWI Lawyers Will Help with Colts Neck NJ Breath Test Refusal Charges

You can’t avoid a DUI simply by refusing to take part in a breath test. You might actually make your situation worse by refusing to take a breath test. In New Jersey, you are required by law to participate in a breath test if asked by an officer. Refusing to take breath test will result in a DWI in addition to breath test refusal, which can be just as bad.
If you have been charged with breath test refusal in New Jersey, don’t immediately admit to anything. Ask a DWI lawyer to help you discover whether procedures were executed during and leading up to your arrest for refusal charges. How police handled the implementation of your breath test, or the steps leading up to breath test refusal, can lead to charges being drastically lessened or even dropped. A lawyer can fight on your behalf if mitigating circumstances led to you turning down the breath test.

Get help from your DUI attorney in Colts Neck, NJ today.

Breath Test Refusal in Colts Neck, New Jersey

An attorney with knowledge of your rights regarding DUI checkpoints and refusal is paramount. Trying to have your charges thrown out is a lot easier with the help of a DUI attorney who understands your rights inside and out.
An officer may pull you over for a variety of reasons, such as standard moving violations. But, probable cause has to be established before a breath test can be give.
If probable cause is demonstrated, an officer can ask you to perform a breath test. If the officer thought your blood alcohol concentration (BAC) level could be above 0.08%, you would have had to take part in the breath test.
Refusal charges are much harder to beat than typical driving while intoxicated and DUI charges. However, an experienced DWI attorney can find ways to challenge a New Jersey refusal charge. For example, your attorney may be able to fight the state based on the legitimacy of your car being pulled over. If you were not stopped for legitimate reasons, your charges may be tossed out. Your DWI lawyer may also be able to challenge the frequently subjective results of the Standardized Field Sobriety Test (SFST).

Blood Test Refusal

In some instances, when a breath test is declined or an officer is unable to conduct it, the officer may decide to use a blood test instead. If a person is not capable of participating in a breath test for medical reasons, for instance, a blood test may be permitted. Blood tests are also implemented to test for drugs.

Turn to a DWI Lawyer with Experience Defending Refusal Charges

Experience is a key mechanism in disputing DUI refusal charges. Carmine Villani, Esq. has been challenging refusal charges in New Jersey for years. He has had the same training as officers in NJ receive to check for BAC levels. He has been trained to use the Dreager Alcotest® and will help you challenge your charges based on any mishandling of technology or a lack of process that may have taken place during your arrest.

Breath Test Refusal Penalties

According to state law, refusing to take a breath test comes with penalties that are in addition to any DWI and DUI penalties. Attorneys from Villani & DeLuca will work with you to fight DUI charges as well as refusal charges thanks to years of experience. If you have a past refusal conviction, a second or third one will have stiffer penalties. Refusal penalties include expensive fines, license suspensions and ignition interlock devices.

According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), a driver who decides he or she will not participate in a breath test is subjected to the following penalties:

First Offense

Loss of license for a minimum of seven months and a fine between $300 and $500.

Second Offense

Two-year loss of license in addition to a maximum fine of $1,000.

Third Offense

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

Contact Villani & DeLuca for a Free Consultation

Need a DUI refusal lawyer to help you fight charges in Colts Neck, New Jersey? Contact Villani & DeLuca for more information about refusal. Call 732-965-3350 for a free consultation.

Primary Sidebar

Free Consultation

Recent Posts

  • Super Lawyers Carmine R. Villani & Vincent C. DeLuca
  • Divorce in New Jersey-Adultery
  • Divorce Attorney Brick New Jersey
  • Carmine R. Villani weighs in on Bruce Springsteen DWI in the New York Times
  • Villani & DeLuca Divorce Attorneys in Toms River

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC 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: 732-709-7757

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-595-4213

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-709-7757

Villani & DeLuca P.C. BBB Business Review

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 © 2021 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap
X
Free Consultation: Schedule Now Call Now: 732-709-7757