DWI Lawyers Can Protect You from Howell NJ Breath Test Refusal Charges
You can't evade a DWI simply by saying ‘no' to a breath test. In fact, the the truth is that it can make more issues. In NJ, you are required by law to participate in a breath test if asked by an officer. Refusing to take breath test will end in a DUI as well as breath test refusal, which can be just as sever.
Just because you were charged with refusal does not mean that you will be convicted. The consequences can be steep, but DWI lawyers are very equipped to protect you during a trial. The actions of officers and other law enforcement officials can lead to dropped or reduced charges.
Have a DWI attorney help you with refusal charges in Howell, NJ now.
Breath Test Refusal in Howell, New Jersey
If you are not sure what your rights are, you will have a much harder time fighting refusal charges. A skilled NJ DUI lawyer will be able to keep you informed of these rights and assist you in protecting them.
If law enforcement has not proven probable cause to administer a breath test, initiating the test anyway is a breach of your rights. Probable cause has to be proven if you have been pulled over for your driving.
When law enforcement has a judicious basis for believing someone is driving under the influence, they are legally permitted to perform a breath test. Generally, it is not smart to turn down a breath test in NJ. New Jersey implied consent states that you are required to take a breath test if the right process has been recognized.
Typical DWI charges can come with penalties that are not as steep as refusal charges. A refusal charge can even necessitate a stronger legal strategy in order to get results. Your attorney should be able to dispute the arrest itself. If there is potential to beat these charges, a DWI attorney can help.
Blood Test Refusal
A blood test may 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 used. New Jersey laws will treat refusal of a blood test as if it were a breath test.
Consult a DWI Lawyer with a History of Defending Refusal Charges
Carmine Villani, Esq., a founding member of Villani & DeLuca, P.C., has experience prosecuting and defending DWIs in NJ. His legal experience representing each side of arrests for driving under the influence gives him credentials that many other defense attorneys in NJ lack. He has received training to operate 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).
Breath Test Refusal Penalties
Former arrests for DWI and refusal will make penalties steeper each time if you do not have the right lawyers. You could have your license revoked, ignition interlock devices and prison time. You should have a lawyer who will battle to minimize or beat charges so you don't receive penalties like these.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), a person who decides he or she will not participate in a breath test is subjected to the following penalties:
First Offense
You can lose your right to operate a vehicle for at least seven months and face fines that reach from $300 to $500.
Second Offense
You may lose your license for a minimum of two years and have to pay fines of a minimum of $1,000.
Third Offense
A 10-year license suspension and a $1,000 fine.
Contact Villani & DeLuca for a No Risk Consultation
Looking for a DUI refusal lawyer to help you get your charges dismissed in Howell, New Jersey? Contact Villani & DeLuca for additional information about refusal. Call (732) 709-7757 for a free consultation.