Many people mistakenly assume that they might be able to elude a drunk driving charge by declining to take part in a breath test or blood test. You can actually make your situation worse by refusing to take a breath test. NJ has an implied consent law, requiring all drivers to give a breath sample upon request by law enforcement. Refusing to take breath test will end in a DUI in addition to breath test refusal, which is just as bad.
If you have been charged with breath test refusal in NJ, don’t automatically plead guilty. Ask a DWI attorney to help you find out if procedures were executed during and leading up to your arrest for refusal charges. Any incident or improper action taken by law enforcement officials can strengthen your case. A lawyer can argue on your behalf if mitigating conditions led to you refusing to take the breath test.
Speak to a DWI attorney to defend you from refusal charges in Farmingdale, NJ.
If you are aware of your rights at the state level, you will have a clearer chance of beating charges brought against you in court. A skilled New Jersey DWI lawyer will be able to inform you of these rights and make it easier for you to protect them.
An officer can pull you over for many reasons, such as standard moving violations. But, before an officer may request that you take a breath test, he or she has to establish probable cause.
When officers have a reasonable basis for thinking a driver is driving while intoxicated, they are legally allowed to perform a breath test. It is not usually a good idea to decline a breath test. According to implied consent laws in NJ, you are required to accept a breath test if an officer has followed procedure and thinks your blood alcohol concentration (BAC) level could be above 0.08%.
Refusal charges are much more difficult to beat than typical driving while intoxicated and DUI charges. However, a seasoned DWI attorney can introduce ways to fight a NJ refusal charge. For example, your attorney may be able to challenge the prosecution based on the legitimacy of your car being pulled over. An unlawful stop of a car can be justification to fight refusal charges. Your DWI attorney might also be able to challenge the frequently subjective results of the Standardized Field Sobriety Test (SFST).
Blood tests are often used to test a person for a presence of drugs. Reasonable cause has to exist for an officer to perform a blood test, much in the same way as when a breath test is used. New Jersey laws will treat refusal of a blood test as if it were a breath test.
Carmine Villani, Esq., a founding member of Villani & DeLuca, P.C., has experience prosecuting and defending DUIs in NJ. This rare experience on both sides of DUI law in New Jersey is a helpful piece of background that is not standard for DWI attorneys. He has received training to use the Draeger Alcotest® and the Breathalyzer. Mr. Villani is even trained in other DWI detection procedures that officers in New Jersey must know in order to successfully check for symptoms of alcohol.
According to state law, breath test refusal charges come with consequences that are in addition to any DWI and DUI consequences. Lawyers from Villani & DeLuca will work with you to fight DWI charges as well as refusal charges in part because of experience. The penalties associated with refusal in NJ become even more severe if you have multiple DUI convictions or refusal convictions. 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 refuses to take part in a breath test is subjected to the following penalties:
A suspended license for no less than seven months and a fine between $300 and $500.
Two-year suspension of license in addition to a max fine of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Looking for a DUI refusal attorney to help you get your charges dismissed in Farmingdale, New Jersey? Get in touch with Villani & DeLuca for more information about refusal. Our attorneys are ready to assist all day long. Inquire about a free consultation when you dial 732-965-3350!
