DWI Lawyers Will Help with Hazlet NJ Breath Test Refusal Charges
You can't evade a DUI simply by saying ‘no' to a breath test. In fact, the opposite is true. In NJ, you are obligated to take a breath test if asked by an officer. When you refuse to accept a breath test in New Jersey, not only will an officer arrest you for a DUI, but you will have more breath test refusal charges.
You should not always plead guilty right away to breath test refusal in NJ. Contact a qualified DUI lawyer to make sure law enforcement followed accurate procedure during your arrest, including probable cause, proper use of equipment, or having the right certification in breath test implementation. Any incident or improper action taken by a police officer can add to your case. A lawyer can argue on your behalf if mitigating conditions led to you refusing to take the breath test.
Speak to a DUI lawyer to protect you from refusal charges in Hazlet, NJ.
Refusing a Breath Test in Hazlet, New Jersey
If you are not sure what your rights are, you will have a much harder time fighting refusal charges. With the guidance of a DWI attorney in NJ, you can learn about your rights and how to protect them better.
If an officer does not have probable cause to administer a breath test, initiating the test anyway is a breach of your rights. Even if you are pulled over for a traffic violation, probable cause has to be proven by the officer.
If probable cause is proven, an officer may ask you to perform a breath test. If the officer thought your blood alcohol concentration (BAC) level could be above 0.08%, you would have had to participate in the breath test.
Regular DWI charges can come with penalties that are less severe than refusal charges. A refusal charge can even necessitate a stronger legal strategy in order to avoid a conviction. Your attorney should be able to fight the arrest itself. If there is a chance ofbeating your charges, a DWI attorney can help.
Blood Test Refusal
A blood test can be used to test a driver for drugs. Reasonable cause has to exist for an officer to give someone a blood test, much in the same way as when a breath test is implemented. Refusal charges apply to blood tests and breath tests.
Turn to a DWI Lawyer with a History of Challenging Refusal Charges
Carmine Villani, Esq., a founding partner of Villani & DeLuca, P.C., has familiarity prosecuting and defending DUIs in New Jersey. This rare experience on both sides of DUI law in NJ is a helpful piece of background that is not standard for DWI attorneys. He has received training to use the Draeger Alcotest® as well as the Breathalyzer. In addition, Mr. Villani has been given the same training as police officers in the areas of Drug Recognition Evaluation (DRE) and Standardized Field Sobriety Testing (SFST).
Penalties for Breath Test Refusals
Breath test refusal ramifications do not replace DUI penalties. Instead, you may have to deal with the ramifications of DWI in addition to refusal. Attorneys from Villani & DeLuca will work with you to fight DWI charges as well as refusal charges thanks to years of experience. If you have a past refusal conviction, a second or third one will have more extreme penalties. Consequences for DWI and refusal convictions comprise big fines as well as jail time, license suspension periods and ignition interlock devices.
Penalties and fines resulting from refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
First Offense
Loss of license for a minimum of seven months and a fine up to $500.
Second Offense
Two-year suspension of license in addition to a max fine of $1,000.
Third Offense
Loss of license for a decade and a mandatory fine of $1,000.
Speak with Villani & DeLuca for a Complimentary Consultation
Are you searching for legal advice for a breath test refusal charge in Hazlet, NJ? Contact Villani & DeLuca today. Call (732) 709-7757 for a free consultation.