DWI Lawyers Will Defend Your Keansburg NJ Breath Test Refusal Charges
You do not have the right to reject a breath test request from a police officer in New Jersey. The implied consent law in NJ means that you have to take a breath test if you are suspected of drunken driving. The consequences of breath test refusal charges are not lenient.
Just because you were charged with 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 make it easier for you to beat the charges.
Defend your rights by consulting a DUI attorney with a background challenging breath test refusals in Keansburg, New Jersey.
Refusing a Breath Test in Keansburg, NJ
An attorney with knowledge of your rights regarding DWI stops and refusal is paramount. Fighting to get your charges dropped is much easier with the assistance of a DUI attorney who knows your rights thoroughly.
An officer is permitted to pull you over for one of many disparate reasons, like going through a stop sign or a red light, talking on your cell phone, speeding, or a brake light malfunction. However, before an officer is allowed to ask you to take a breath test, he or she has to establish probable cause.
In the event of probable cause, breath tests are legally required. If the officer thought your blood alcohol concentration (BAC) level could be above 0.08%, you would have had to execute the breath test.
Refusal charges are much more difficult to beat than typical DWI and driving under the influence charges. However, a seasoned DUI lawyer can come up with ways to fight a NJ refusal charge. For example, your attorney may be able to fight the state based on the legitimacy of your vehicle being pulled over. An unlawful stop of a car can be enough to dispute refusal charges. The legality of a Standardized Field Sobriety Test can also be fought.
Blood Test Refusal
In some cases, 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 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 the eyes of NJ law, turning down a blood test is equal to turning down a breath test.
Turn to a DWI Lawyer with a History of Fighting Refusal Charges
Your DWI attorney should have the experience to help you beat a refusal charge. With years of experience is his corner, Carmine Villani, Esq. disputes DUI refusal charges for clients in NJ. He has had the same training as officers in NJ receive to test for BAC levels. He has been trained to use the Dreager Alcotest® and will help you fight your charges based on any mishandling of technology or a lack of procedure that could have taken place during your arrest.
Breath Test Refusal Penalties
According to state law, breath test refusal charges come with consequences that are in addition to any DWI and DUI penalties. This is why you need attorneys who fight both refusal and DUI charges in New Jersey. If you have a previous refusal conviction, another one will have stiffer penalties. Refusal penalties include expensive fines, license suspensions and ignition interlock devices.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), somebody who decides he or she will not take part in a breath test is in danger of the following penalties:
You may lose your right to operate a vehicle for a minimum of seven months and confront fines that reach from $300 to $500.
Two-year loss of license in addition to a maximum fine of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Contact Villani & DeLuca for a Complimentary Consultation
Contact Villani & DeLuca for breath test refusal charges that you need to dispute in Keansburg, New Jersey. Criminal defense lawyers from Villani & DeLuca are available all day, every day. Pick up the phone and dial (732) 709-7757 any time for a free-of-charge initial consultation.