DWI Lawyers Can Defend Your Holmdel NJ Breath Test Refusal Charges
You do not have the right to turn down a breath test request from a police officer in NJ. The implied consent law in New Jersey means that you must take a breath test if you are thought to be driving under the influence. The consequences of breath test refusal charges are not mild.
Just because you were accused of refusal does not mean you will have to experience the penalties of a guilty verdict. DUI attorneys can help you evade serious penalties for refusal. The context of your arrest and the procedure of the officer who arrested you can help you beat the charges.
Speak to a DWI lawyer to defend you from refusal charges in Holmdel, NJ.
Refusing a Breath Test in Holmdel, NJ
If you are aware of your rights at the state and federal level, you will have a clearer chance of beating charges brought against you in court. A skilled NJ DUI lawyer will be able to inform you of these rights and make it easier for you to protect them.
Probable cause is a crucial issue when defending your rights against refusal charges. Probable cause needs to be established if you have been stopped for your driving.
When law enforcement has a reasonable basis for believing a driver is driving under the influence, they are legally allowed to use a breath test. Generally, it is not smart to refuse a breath test in NJ. New Jersey implied consent states that you have to take a breath test if proper steps have been recognized.
The difficulty of fighting a DUI charge is not nearly as difficult as fighting a refusal charge in many cases. But, there is still hope with a New Jersey DUI attorney in New Jersey. An attorney can challenge your arrest and everything that happened before the arrest, such as your car being pulled over and whether it was legal. If you were not pulled over for valid reasons, your charges could be tossed out. Your DWI attorney may also be able to fight the frequently subjective results of the Standardized Field Sobriety Test (SFST).
Blood Test Refusal
In some instances, when a breath test is declined or an officer is unable to conduct it, the officer may decide to use a blood sample instead. Some instances an officer may opt for a blood test include: injuries to the suspect, after a breath test has already been declined, or if there is suspicion of drug usage. In the eyes of NJ law, refusing a blood test is equal to refusing a breath test.
Turn to a DWI Lawyer with Experience Challenging Refusal Charges
Your DWI attorney needs to have the experience to help you beat a refusal charge. With a multitude of experience is his corner, Carmine Villani, Esq. disputes DUI refusal charges for clients in NJ. Mr. Villani is trained in the protocol that officers use in the field to ascertain whether someone is operating a car with a blood alcohol concentration above the legal limit. He understands the proper implementation of the Dreager Alcotest® and will utilize that knowledge to help your case.
Penalties for Breath Test Refusals
According to state law, breath test refusal charges come with consequences that are in addition to any DWI and DUI penalties. Lawyers from Villani & DeLuca can help you fight DUI charges as well as refusal charges in part because of experience. If you have a past refusal conviction, another one will have more extreme penalties. Refusal penalties include fines, license suspensions and ignition interlock devices.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), a driver who refuses to take part in a breath test is subjected to the following penalties:
First Offense
You may lose your right to operate a vehicle for at least seven months and confront fines that reach from $300 to $500.
Second Offense
Two-year loss of license in addition to a maximum fine of $1,000.
Third Offense
A 10-year license suspension and a $1,000 fine.
Contact Villani & DeLuca for a No Risk Consultation
Are you looking for legal advice for a breath test refusal charge in Holmdel, NJ? Contact Villani & DeLuca now. Our attorneys are here to help 24 hours a day. Inquire about a free consultation when you call (732) 709-7757!