DWI Lawyers Will Defend Your Interlaken NJ Breath Test Refusal Charges
Declining to take a breath test if you are believed to be intoxicated is not smart. New Jersey’s implied consent law means that a driver who gets stopped under suspicion of drunk driving is required to participate in a breath test. You will be taken in and faced with charges for refusal if you turn down a breath test.
Just because you were charged with refusal does not mean that you will be convicted. The consequences can be serious, but DWI attorneys are extremely equipped to protect you during a trial. The circumstances of your arrest and the procedure of the officer who arrested you can help you defeat the charges.
Get help from your DWI lawyer in Interlaken, NJ today.
Refusing a Breath Test in Interlaken, NJ
If you are aware of your rights at the state level, you will have a much better chance of beating charges brought against you in court. With the help of a DWI lawyer in New Jersey, you can learn about your rights and how to protect them better.
An officer will pull you over for many reasons, such as ordinary moving violations. But, before an officer is allowed to ask you to take a breath test, he or she is required to ascertain probable cause.
When law enforcement has a judicious foundation for thinking a driver is driving under the influence, they are legitimately allowed to use a breath test. Generally, it is not recommended to refuse a breath test in New Jersey. NJ implied consent dictates that you are required to take a breath test if the right procedure has been followed.
Normal DWI charges can come with penalties that are less severe than refusal charges. A refusal charge can even necessitate a stronger defense in order to get results. But, a qualified lawyer can dispute the circumstances of your arrest. With any luck, your NJ DWI lawyer can find reasons to dispute your charges and your charges will be dropped or reduced.
Blood Test Refusal
In some cases, when a breath test is refused or an officer is unable to conduct it, the officer may choose to use a blood sample instead. Some occasions an officer may choose a blood test include: when the suspect is injured, after the Alcotest® has already been refused, or if the officer suspects drug usage. In New Jersey, turning down a blood test is the same as refusing a breath test.
Turn to a DWI Lawyer with a History of Challenging Refusal Charges
Carmine Villani, Esq. has had experience defending and prosecuting DUIs in New Jersey. His legal experience representing each side of drunk driving arrests gives him credentials that many other defense lawyers in New Jersey lack. Mr. Villani is part of a select number of New Jersey DUI attorneys trained in both the Draeger Alcotest® and the formerly used Breathalyzer. Mr. Villani is also trained in other DWI recognition procedures that officers in New Jersey must know in order to successfully check for symptoms of drunkenness.
Penalties for Breath Test Refusals
Breath test refusal penalties do not replace DUI penalties. Instead, you may face the consequences of DUI as well as 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 previous refusal conviction, a second or third one will have stiffer penalties. Consequences for DWI and refusal convictions contain hefty fines as well as prison time, driver’s license suspension periods and ignition interlock devices.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), a person who refuses to participate in a breath test is subjected to the following penalties:
You may lose your license for a minimum of 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.
A 10-year minimum suspension of license and a $1,000 penalty.
Contact Villani & DeLuca for a No Risk Consultation
Looking for a DUI refusal attorney to help you get your charges dismissed in Interlaken, NJ? Get in touch with Villani & DeLuca for more information about refusal. Call 732-965-3350 for a free consultation.