You do not have the right to refuse a breath test request from law enforcement in New Jersey. There is implied consent in NJ, meaning that a suspected drunk driver must take a breath test upon request. The penalties of breath test refusal charges are not lenient.
Charges for refusal do not always mean that you will be found guilty. The consequences can be steep, but DUI lawyers are very equipped to protect you during a trial. The events of your arrest and the procedure of the officer who arrested you can make it easier for you to defeat the charges.
Talk to our breath test refusal lawyers in Freehold now.
Knowing your rights is nearly as important as having an attorney who can explain them to you. Your DWI lawyer can guard your rights in order to have charges against you reduced.
An officer may pull you over for a variety of reasons, such as standard moving violations. But, probable cause must be demonstrated before a breath test can be implemented.
When officers have a reasonable basis for thinking a driver is driving while intoxicated, they are legally allowed to use a breath test. It is a bad idea to refuse a breath test. According to implied consent laws in New Jersey, you must take a breath test if an officer has followed procedure and believes your blood alcohol concentration (BAC) level might be above 0.08%.
Typical DWI charges can come with penalties that are not as steep as refusal charges. Refusal charges may also be harder to beat than a DUI. But, a qualified lawyer can dispute the events that occurred during arrest. If there is a chance ofbeating your charges, a DUI attorney can help.
Blood tests are frequently used to test someone for substances other than alcohol. An officer must have reasonable cause before implementing a blood test as well. Refusal charges concern blood tests as well as breath tests.
Carmine Villani, Esq., a founding member of Villani & DeLuca, P.C., has experience prosecuting and defending DWIs in NJ. This unique experience on both sides of DUI law in New Jersey is a beneficial piece of background that is not standard for DWI attorneys. Mr. Villani is one of a select number of NJ DWI lawyers trained in both the Draeger Alcotest® and the formerly used Breathalyzer. Mr. Villani is also trained in other DWI detection practices that officers in NJ must be aware of in order to properly test for symptoms of alcohol.
According to state law, refusing to take a breath test comes with penalties that are in addition to any DWI and DUI consequences. This is why you should hire attorneys who fight both refusal and DWI charges in NJ. If you have a previous refusal conviction, a second or third one will have stiffer penalties. Consequences for DWI and refusal convictions include bulky fines as well as jail time, driver’s license suspension periods and ignition interlock devices.
Penalties and fines due to refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
You can lose your right to operate a vehicle for a minimum of seven months and confront fines that reach from $300 to $500.
Two-year suspension of license in addition to a maximum fine of $1,000.
A 10-year license suspension and a $1,000 fine.
Contact Villani & DeLuca for breath test refusal charges that you would like to dispute in Freehold, New Jersey. Criminal defense attorneys from Villani & DeLuca are available 24 hours a day, 7 days a week. Pick up the phone and dial 732-965-3350 any time for a free-of-charge initial consultation.
