Breath Test Refusal Lawyers in Keyport NJ

DWI Lawyers Will Defend Your Keyport NJ Breath Test Refusal Charges

Many people mistakenly assume that they can avoid a driving while intoxicated charge by declining to participate in a breath test or blood test. You can actually make things worse by refusing to take a breath test. In New Jersey, 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 DWI in addition to breath test refusal, which can be just as bad.

If you have been charged with breath test refusal in New Jersey, don’t automatically admit to anything. Contact an experienced DWI lawyer to make sure law enforcement followed correct protocol during your arrest, including probable cause, the handling of equipment, or having the right certification in breath test implementation. How police conducted the implementation of your breath test, or the events leading up to breath test refusal, can lead to charges being significantly reduced or even dropped. A lawyer can argue on your behalf if extenuating circumstances led to you turning down the breath test.

Talk to a DWI attorney to protect you from refusal charges in Keyport, NJ.

Breath Test Refusal in Keyport, New Jersey

Knowing your rights is nearly as important as having a lawyer who can elaborate on them. Your DUI lawyer can guard your rights for the purpose of getting charges against you dropped.

An officer may pull you over for one of many unrelated reasons, such as going through a stop sign or a red light, speaking on your cell phone, speeding, or a broken brake light. However, before an officer can ask you to take a breath test, he or she has to ascertain probable cause.

In the event of probable cause, breath tests are legally required. You must accept the test if the officer is believes that your blood alcohol concentration (BAC) is above the legal limit of 0.08%.

Typical DWI charges can lead to penalties that are less severe than refusal charges. A refusal charge can even necessitate a stronger defense in order to get results. However, a qualified attorney can dispute the events that occurred during arrest. With any luck, your New Jersey DWI attorney can find grounds to dispute your charges and your charges will be thrown out or reduced.

Blood Test Refusal

In some cases, when a breath test is refused or an officer is unable to administer it, the officer may decide to use a blood sample instead. If someone is unable to participate in a breath test for medical reasons, for instance, a blood test can be permitted. Blood tests are also used to test for drugs.

Consult a DWI Lawyer with Experience Fighting Refusal Charges

Your DUI attorney needs to have the experience to help you defeat a refusal charge. Carmine Villani, Esq. has been working to beat refusal charges in New Jersey for years. He has had the same training that officers in NJ receive to test for drunk driving. He understands the correct application of the Dreager Alcotest® and will use that information to prove your case.

Breath Test Refusal Penalties

According to state law, refusing to take a breath test comes with consequences that are in addition to any DWI and DUI penalties. This is why you should pick lawyers who challenge both refusal and DUI charges in NJ. If you have a past refusal conviction, a second or third one will have steeper 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), someone who refuses to participate in a breath test is subjected to the following penalties:

First Offense

Loss of license for a minimum of seven months and a fine up to $500.

Second Offense

Two-year loss of license in addition to a maximum fine of $1,000.

Third Offense

Loss of license for a decade and a mandatory fine of $1,000.

Contact Villani & DeLuca for a Complimentary Consultation

Looking for a DUI refusal attorney to help you fight charges in Keyport, NJ? Contact Villani & DeLuca now. Call 732-965-3350 for a free consultation.

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