A lot of drivers mistakenly think that they can avoid a drunken driving charge by refusing to take a breath test or blood test. In fact, the the truth is that it can make more problems. New Jersey has an implied consent law, that requires all drivers to provide a breath sample upon request by a police officer. When you refuse to accept a breath test in New Jersey, not only will an officer arrest you for a DWI, but you will have more breath test refusal charges.
If you have been accused of breath test refusal in New Jersey, don’t automatically plead guilty. Ask a DUI attorney to help you determine whether procedures were followed during and before your arrest for refusal charges. Any incident or inappropriate action taken by a police officer can help your case. Your lawyer may even be able to provide additional refusal explanations, like translation issues or medical issues.
Have a DUI attorney help you with refusal charges in Deal, NJ now.
If you know your rights at the state and federal level, you will have a much better opportunity to beat charges brought against you in court. A skilled New Jersey DWI lawyer will be able to keep you informed of these rights and assist you in protecting them.
If law enforcement has not proven probable cause to administer a breath test, initiating the test anyway is an infringement of your rights. Probable cause has to be demonstrated if you are pulled over for your driving.
If an officer has a sound reason (probable cause) to believe that you may be operating a vehicle under the influence of alcohol, a breath test may be required. It is not usually a good idea to decline a breath test. New Jersey implied consent states that you are required to take a breath test if the right steps have been recognized.
Regular DWI charges can lead to penalties that are less severe than refusal charges. A refusal charge can even necessitate a stronger legal strategy in order to get results. Your lawyer should be able to fight the arrest itself. If there is a chance ofbeating these charges, a DWI attorney can help.
A blood test can be used as an alternative to breath tests on certain occasions. If someone is incapable of participating in a breath test for medical reasons, for instance, a blood test can occur. Blood tests are also used to test for drugs.
Carmine Villani, Esq. has had experience defending and prosecuting DWIs in NJ. This unique experience on both sides of DWI law in New Jersey is a helpful piece of background that is not standard for DWI attorneys. Mr. Villani is part of a select number of New Jersey DWI lawyers trained in both the Draeger Alcotest® and the formerly used Breathalyzer. Mr. Villani is even trained in other DWI detection procedures that officers in New Jersey must be aware of in order to successfully check for symptoms of drunkenness.
Previous arrests for DUI and refusal will make penalties steeper every time if you don’t have the right legal counsel. You could face license revocation, ignition interlock devices and jail time. You need an attorney who will battle to decrease or defeat charges so you do not get stuck with penalties like these.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), somebody who decides he or she will not take part in a breath test is in danger of the following penalties:
Loss of license for a minimum of seven months and a fine up to $500.
You may lose your license for a minimum of two years and owe fines of a minimum of $1,000.
A 10-year minimum suspension of license and a $1,000 penalty.
Are you looking for legal advice for a breath test refusal charge in Deal, NJ? Contact Villani & DeLuca for more information about refusal. Call 732-965-3350 for a free consultation.
