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.
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).
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.
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.
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:
Loss of license for a minimum of seven months and a fine between $300 and $500.
Two-year loss of license in addition to a maximum fine of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
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.
