DWI Lawyers Can Help with Little Silver NJ Breath Test Refusal Charges
Many people incorrectly assume that they can escape a drunk driving charge by refusing to take part in a breath test or blood test. You might actually make matters worse by rejecting a breath test. New Jersey has an implied consent law, requiring all suspected drunk drivers to give a breath sample upon request by law enforcement. When you refuse to take a breath test in New Jersey, not only will you be arrested for a DWI, but you will face additional breath test refusal charges.
If you have been charged with breath test refusal in New Jersey, don't immediately plead guilty. Ask a DWI attorney to help you discover whether procedures were executed during and before your arrest for refusal charges. How police handled the execution of your breath test, or the events leading up to breath test refusal, can lead to charges being notably reduced or even dropped. An attorney can fight on your behalf if mitigating circumstances led to you turning down the breath test.
Have a DUI attorney help you with refusal charges in Little Silver, New Jersey now.
Breath Test Refusal in Little Silver, NJ
If you are aware of your rights at the state level, you will have a clearer chance of beating charges brought against you in court. With the assistance of a DUI attorney in NJ, 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, probable cause has to be established before a breath test can be implemented.
If an officer has a sound reason (probable cause) to think that you may be operating a car under the influence of alcohol, a breath test may be required. It is a bad idea to decline a breath test. NJ implied consent states that you are required to take a breath test if the correct process has been followed.
Typical DWI charges can come with penalties that are less severe than refusal charges. Refusal charges may even be harder to beat than a DWI. Your attorney should be able to challenge the arrest itself. If there is a chance ofbeating these charges, a DUI attorney can help.
Blood Test Refusal
Blood tests are frequently used to test someone for substances other than alcohol. Reasonable cause must exist for an officer to give someone a blood test, much in the same way as when a breath test is performed. Refusal charges concern blood tests and breath tests.
Consult a DWI Lawyer with Experience Defending Refusal Charges
Experience is a key mechanism in challenging DUI refusal charges. With a multitude of experience under his belt, Carmine Villani, Esq. disputes DUI refusal charges for clients in NJ. Mr. Villani is educated in the protocol that officers use in the field to ascertain whether a driver is operating a vehicle with a blood alcohol concentration over the legal limit. He has been educated in the Dreager Alcotest® and will help you fight your charges based on any mishandling of technology or a lack of procedure that may have taken place during your arrest.
Breath Test Refusal Penalties
Former arrests for DWI and refusal will make penalties steeper each time if you do not have the right legal counsel. You could have your license revoked, ignition interlock devices and prison time. Your DUI attorney will work with you to create a plan that works best for your case.
Penalties and fines due to refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
A suspended license for no less than seven months and a fine up to $500.
Two-year loss of license in addition to a max fine of $1,000.
Loss of license for a decade and a mandatory fine of $1,000.