You don’t have the right to turn down a breath test request from a police officer in New Jersey. There is implied consent in NJ, meaning that a suspected drunk driver is required to take a breath test when it is requested. Harsh penalties can be the result of a breath test refusal.
Just because you were accused of refusal does not mean that you will be convicted. DWI lawyers can help you stay away from costly penalties for refusal. The actions of police and other law enforcement officials can lead to dropped or reduced charges.
Have a DUI lawyer help you with refusal charges in Highlands, NJ now.
If you are unsure what your rights are, you will have a more difficult time fighting refusal charges. A skilled New Jersey DWI attorney will be able to inform you of these rights and assist you in protecting them.
An officer will pull you over for a variety of reasons, such as standard moving violations. But, before an officer may ask you to take a breath test, he or she must establish probable cause.
If a police officer has a sound reason (probable cause) to think that you may be operating a car under the influence of alcohol, a breath test may be the next logical step. Generally, it is not in your best interest to refuse a breath test in New Jersey. According to implied consent laws in NJ, you are required to take a breath test if the officer has followed procedure and thinks your blood alcohol concentration (BAC) level might be higher than 0.08%.
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 attorney should be able to challenge the arrest itself. With any luck, your New Jersey DUI attorney can find reasons to dispute your charges and your charges will be thrown out or reduced.
Blood tests are often used to test a person for a presence of drugs. An officer must have reasonable cause to implement a blood test as well. Refusal charges concern blood tests and breath tests.
Your DUI lawyer should have the experience to help you beat a refusal charge. With years of experience under his belt, Carmine Villani, Esq. fights DUI refusal charges for clients in New Jersey. He has received the same training as officers in New Jersey receive to check for BAC levels. He has been educated in the Dreager Alcotest® and will help you fight your charges based on any mishandling of technology or a lack of procedure that may have taken place while you were being arrested.
Breath test refusal penalties do not replace DWI penalties. Instead, you may face the consequences of DWI as well as refusal. Attorneys from Villani & DeLuca can help you fight DWI charges as well as refusal charges in part because of experience. The penalties associated with refusal in New Jersey become even more severe if you have prior DUI convictions or refusal convictions. Refusal penalties include expensive fines, license suspensions and ignition interlock devices.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), someone who decides he or she will not take part in a breath test is subjected to the following penalties:
You may lose your license for at least seven months and face fines that reach from $300 to $500.
A suspended license for two years in addition to a max fine of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Contact Villani & DeLuca for breath test refusal charges that you would like to dispute in Highlands, NJ. 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 initial consultation.
