DWI Lawyers Will Help with Lake Como NJ Breath Test Refusal Charges
A lot of drivers mistakenly think that they might be able to avoid a driving while intoxicated charge by declining to participate in a breath test or blood test. You might actually make your situation worse by refusing to take a breath test. New Jersey has an implied consent law, requiring all drivers to provide a blood alcohol concentration sample upon request by law enforcement. When you do not take part in a breath test in NJ, not only will an officer arrest you for a DUI, but you will face additional breath test refusal charges.
Charges for refusal do not always mean that you will be found guilty. DWI attorneys can help you avoid serious penalties for refusal. The circumstances of your arrest and the procedure of the officer who arrested you can make it easier for you to beat the charges.
Talk to a DUI lawyer to protect you from refusal charges in Lake Como, NJ.
Breath Test Refusal in Lake Como, NJ
Knowing your rights is nearly as imperative as having a lawyer who can elaborate on them. Trying to have your charges dropped is much easier with the help of a DUI attorney who knows your rights thoroughly.
An officer may stop you for multiple reasons, such as standard moving violations. However, before an officer is allowed to ask you to take a breath test, he or she is required to ascertain probable cause.
If probable cause is proven, an officer may ask you to perform a breath test. You have to accept the test if the officer is believes that your blood alcohol concentration (BAC) is higher than the legal limit of 0.08%.
Normal DUI charges can lead to penalties that are less severe than refusal charges. A refusal charge can even require a stronger legal strategy in order to get results. But, a qualified attorney can argue against the events that occurred during arrest. With any luck, your NJ DUI lawyer can find reasons to challenge your charges and your charges will be thrown out or reduced.
Blood Test Refusal
Blood tests are frequently used to test someone for a presence of drugs. An officer must have reasonable cause before implementing a blood test as well. Refusal charges apply to blood tests as well as breath tests.
Turn to a DWI Lawyer with Experience Defending Refusal Charges
Experience is a crucial factor in challenging DUI refusal charges. Carmine Villani, Esq. has been working to beat refusal charges in NJ for years. He has received the same training that officers in NJ receive to test for BAC levels. He realizes the correct application of the Dreager Alcotest® and will utilize that information to prove your case.
Breath Test Refusal Penalties
According to state law, breath test refusal charges come with penalties that are in addition to any DWI and DUI consequences. This is why you should go with attorneys who fight both refusal and DUI charges in NJ. If you have a past refusal conviction, a second or third one will have stiffer penalties. Consequences for DUI and refusal convictions include large fines as well as jail time, license suspension periods and ignition interlock devices.
Penalties and fines due to refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
Loss of license for no less than seven months and a fine of at least $300.
You may lose your license for at least two years and have to pay fines of at least $1,000.
A 10-year license suspension and a $1,000 fine.
Speak with Villani & DeLuca for a No Risk Consultation
Are you looking for legal advice for a breath test refusal charge in Lake Como, NJ? Contact Villani & DeLuca for more information about refusal. Call 732-965-3350 for a free consultation.