Although you may think that turning down a breath test is a good idea, it is not part of your rights in NJ. There is implied consent in NJ, meaning that a potentially inebriated driver is required to take a breath test when it is requested. The penalties of breath test refusal charges are not lenient.
Charges for breath test refusal do not always mean that you will be found guilty. DUI lawyers can help you avoid costly penalties for refusal. The actions of officers and other law enforcement officials can lead to dropped or reduced charges.
Ask for a DUI lawyer in Eatontown, NJ today.
If you are not sure what your rights are, you will have a more difficult time fighting refusal charges. With the help of a DWI lawyer in New Jersey, you can learn about your rights and how to protect them better.
An officer may pull you over for one of many disparate reasons, like going through a stop sign or a red light, speaking on your cell phone, speeding, or a broken brake light. But, before an officer is allowed to ask you to take a breath test, he or she has to establish probable cause.
When officers have a reasonable foundation for believing someone is driving while intoxicated, they are legitimately permitted to implement a breath test. It is a bad idea to decline a breath test. New Jersey implied consent states that you are required to undergo a breath test if the correct procedure has been followed.
Normal DWI charges can lead to penalties that are less severe than refusal charges. A refusal charge can even require a stronger legal strategy in order to get results. Your attorney should be able to dispute the arrest itself. With any luck, your NJ DWI attorney can find reasons to argue against your charges and your charges will be dropped or reduced.
In some cases, when a breath test is refused or an officer is unable to conduct it, the officer may decide to use a blood test instead. If a person is unable to participate in a breath test for medical reasons, for instance, a blood test can occur. Blood tests are also implemented to test for drugs.
Carmine Villani, Esq., a founding partner of Villani & DeLuca, P.C., has familiarity prosecuting and defending DUIs in NJ. This rare experience on both sides of DWI law in NJ is a beneficial piece of background that is not standard for DUI lawyers. He has been trained to use the Draeger Alcotest® as well as the Breathalyzer. Mr. Villani is also trained in other DUI recognition practices that officers in NJ must know in order to properly test for symptoms of alcohol.
Former convictions for DWI and refusal will make penalties steeper every time if you do not hire qualified legal counsel. Jail time and a revoked license may come from a breath test refusal conviction. You should have a lawyer who will fight to minimize or defeat charges so you do not receive penalties like these.
Penalties and fines associated with refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
Loss of license for a minimum of seven months and a fine between $300 and $500.
You will lose your license for a minimum of two years and owe fines of a minimum of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Need a DUI refusal lawyer to help you get your charges dismissed in Eatontown, New Jersey? Get in touch with Villani & DeLuca for more information about refusal. Call 732-965-3350 for a free consultation.
