A lot of drivers mistakenly assume that they can elude a drunk driving charge by refusing to take a breath test or blood test. You might actually make your situation worse by rejecting a breath test. New Jersey has an implied consent law, requiring all drivers to provide a blood alcohol concentration sample upon request by law enforcement. When you do not take part in a breath test in New Jersey, not only will an officer arrest you for a DUI, but you will have additional breath test refusal charges.
If you have been charged with breath test refusal in New Jersey, don’t immediately plead guilty. Ask a DUI lawyer to help you discover whether protocol was executed during and before your arrest for refusal charges. How law enforcement conducted the application of your breath test, or the events leading up to breath test refusal, can lead to charges being notably reduced or even dropped. A lawyer can fight on your behalf if mitigating circumstances led to you refusing to take the breath test.
Have a DWI attorney help you with refusal charges in Fair Haven, NJ now.
Knowing your rights is almost as imperative as having an attorney who can explain them to you. Your DWI lawyer can guard your rights in order to have charges against you dropped.
An officer can stop you for many reasons, such as standard moving violations. But, probable cause must be proven before a breath test can be administered.
In the event of probable cause, breath tests are legally required. If the officer thought your blood alcohol concentration (BAC) level was more than 0.08%, you would have had to take part in the breath test.
Normal DUI charges can come with penalties that are less severe than refusal charges. A refusal charge can even necessitate a stronger defense in order to avoid a conviction. Your lawyer should be able to dispute the arrest itself. With any luck, your New Jersey DUI attorney can find grounds to argue against your charges and your charges will be thrown out or reduced.
Blood tests are frequently used to test a person for a presence of drugs. An officer is required to have reasonable cause before implementing a blood test as well. New Jersey laws will treat refusal of a blood test as if it were a breath test.
Experience is a crucial mechanism in fighting DWI refusal charges. With years of experience under his belt, Carmine Villani, Esq. fights DWI refusal charges for clients in New Jersey. Mr. Villani is educated in the methods that officers use in the field to ascertain whether a person is operating a car with a blood alcohol concentration over the legal limit. He understands the proper implementation of the Dreager Alcotest® and will utilize that knowledge to prove your case.
Former convictions for DWI and refusal will make penalties steeper each time if you do not have the right legal counsel. Jail sentences and a revoked license can come from a breath test refusal conviction. You need a lawyer who will battle to minimize or beat charges so you do not receive penalties like these.
Penalties and fines due to refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
You may lose your right to operate a vehicle for at least seven months and face fines that reach from $300 to $500.
You will lose your license for at least two years and have to pay fines of a minimum of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Are you looking for legal advice for a breath test refusal charge in Fair Haven, NJ? Contact Villani & DeLuca now. Call 732-965-3350 for a free consultation.
