DWI Lawyers Can Protect You from Englishtown NJ Breath Test Refusal Charges
Refusing to take a breath test if you are suspected of drunk driving is not smart. The implied consent law of New Jersey means that you have to take a breath test if a cop thinks that you may have had a drink. Breath test refusal charges will lead to a trip to the police station and serious charges.
Charges for breath test refusal do not necessarily mean that you will be convicted. DWI attorneys can help you avoid costly penalties for refusal. The actions of police and other law enforcement officials can lead to dismissed or reduced charges.
Have a DWI lawyer assist you with refusal charges in Englishtown, NJ now.
Refusing a Breath Test in Englishtown, New Jersey
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 inform you of these rights and assist you in protecting them.
An officer can stop you for multiple reasons, such as standard moving violations. However, before an officer is allowed to request that you take a breath test, he or she has to establish probable cause.
When law enforcement has a judicious foundation for thinking someone is driving under the influence, they are legally allowed to perform a breath test. It is a bad idea to decline a breath test. According to implied consent laws in our state, you are required to accept a breath test if the officer has taken the proper steps and believes your blood alcohol concentration (BAC) level could be above 0.08%.
A refusal charge can result in more negative implications than a standard DWI. Refusal charges may also be harder to challenge than a DUI. However, an experienced attorney can argue against the events that occurred during arrest. With any luck, your New Jersey DUI attorney can find reasons to argue against your charges and your charges will be thrown out or reduced.
Blood Test Refusal
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 sample 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 used to test for drugs.
Turn to a DWI Lawyer with a History of Challenging Refusal Charges
Experience is an important component in disputing DWI refusal charges. Carmine Villani, Esq. has been working to beat refusal charges in New Jersey for years. Mr. Villani is trained in the protocol that officers use in the field to decide whether a person is operating a vehicle with a blood alcohol concentration above the legal limit. He knows the correct application of the Dreager Alcotest® and will utilize that knowledge to prove your case.
Breath Test Refusal Penalties
According to state law, breath test refusal charges come with consequences that are in addition to any DWI and DUI consequences. This is why you need lawyers who fight both refusal and DUI charges in New Jersey. If you have a previous 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), somebody who decides he or she will not participate in a breath test is in danger of the following penalties:
First Offense
Loss of license for a minimum of seven months and a fine between $300 and $500.
Second Offense
A suspended license for two years in addition to a max fine of $1,000.
Third Offense
Loss of license for 10 years and a mandatory fine of $1,000.
Speak with Villani & DeLuca for a No Risk Consultation
Contact Villani & DeLuca for breath test refusal charges that you would like to dispute in Englishtown, New Jersey. Our lawyers are here to answer your questions during a free consultation when you call (732) 709-7757.