A lot of people incorrectly believe that they can avoid a driving under the influence charge by refusing to take a breath test or blood test. Actually, the opposite is true. In New Jersey, you are obligated to take a breath test if asked by an officer. When you refuse to take part in a breath test in New Jersey, not only will you be arrested for a DWI, but you will have more breath test refusal charges.
Charges for breath test refusal do not always mean that you will be convicted. DWI lawyers can help you avoid serious penalties for refusal. The actions of officers and other law enforcement officials can lead to dropped or reduced charges.
Speak to a DUI lawyer to defend you from refusal charges in Loch Arbour, NJ.
If you are not sure what your rights are, you will have a much harder time challenging refusal charges. A skilled NJ DWI lawyer will be able to inform you of these rights and assist you in protecting them.
An officer can pull you over for multiple reasons, such as ordinary moving violations. But, before an officer is allowed to ask you to take a breath test, he or she must establish probable cause.
If probable cause is proven, an officer can ask you to perform a breath test. You have to take the test if the officer is under the impression that your blood alcohol concentration (BAC) is past the legal limit of 0.08%.
A refusal charge can cause more legal consequences than a standard DUI. Refusal charges may also be more difficult to beat than a DWI. Your attorney should be able to fight the arrest itself. With any luck, your New Jersey DUI lawyer can find reasons to dispute your charges and your charges will be thrown out or reduced.
A blood test may be used to test a driver for drugs. Reasonable cause has to exist for an officer to give someone a blood test, much in the same way as when a breath test is implemented. Refusal charges concern blood tests as well as breath tests.
Carmine Villani, Esq. has had experience defending and prosecuting DUIs in NJ. His legal experience representing each side of arrests for driving under the influence gives him qualifications that many other defense attorneys in NJ lack. He has received training to use the Draeger Alcotest® as well as the Breathalyzer. Mr. Villani is also trained in other DWI detection procedures that officers in New Jersey must be aware of in order to properly check for symptoms of alcohol.
Breath test refusal ramifications do not replace DWI penalties. Instead, you may face the ramifications of DUI in addition to refusal. Lawyers 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, another one will have steeper penalties. Refusal penalties include fines, license suspensions and ignition interlock devices.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), a driver 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 at least seven months and face fines that reach from $300 to $500.
You will lose your license for at least two years and have to pay fines of a minimum of $1,000.
A 10-year license suspension and a $1,000 fine.
Contact Villani & DeLuca for breath test refusal charges that you would like to fight in Loch Arbour, New Jersey. Criminal defense attorneys from Villani & DeLuca are available 24 hours a day, 7 days a week. Call 732-965-3350 now for a free-of-charge initial consultation.
