Refusing to provide a breath sample if you are believed to be intoxicated is not smart. New Jersey’s implied consent law means that a driver who is stopped for suspicion of drunk driving is required to take a breath test. You will be taken in and faced with charges for refusal if you do not take a breath test.
If you have been accused of breath test refusal in New Jersey, don’t automatically admit to anything. Contact a qualified DWI lawyer to find out if police followed correct protocol during your arrest, including probable cause, proper use of equipment, or having the right certification in breath test administration. Any incident or improper action taken by law enforcement officials can add to your case. An attorney can argue on your behalf if mitigating conditions led to you turning down the breath test.
Safeguard your rights by asking the advice of a DUI law firm with experience dealing with breath test refusals in Long Branch, New Jersey.
Knowing your rights is almost as important as having an attorney who can explain them to you. Your DUI lawyer can protect your rights for the purpose of getting charges against you reduced.
Probable cause is a crucial topic when protecting your rights against refusal charges. Probable cause has to be established if you have been stopped for your driving.
If an officer has a sound reason (probable cause) to believe that you may be driving a vehicle under the influence of alcohol, a breath test may be required. Generally, it is not in your best interest to turn down a breath test in NJ. New Jersey implied consent dictates that you are required to undergo a breath test if proper process has been followed.
Refusal charges are a lot more difficult to beat than typical driving while intoxicated and driving under the influence charges. But, there is still hope with a New Jersey DWI attorney in New Jersey. An attorney can challenge your arrest and everything leading to the arrest, like your car being pulled over and what led to that decision. An illegal stop of a car can be enough to dispute refusal charges. Your DUI attorney may also be able to fight the frequently subjective results of the Standardized Field Sobriety Test (SFST).
In some cases, when a breath test is refused or an officer is unable to conduct it, the officer may decide to use a blood test instead. If a person is not capable of participating in a breath test for medical reasons, for instance, a blood test may occur. Blood tests are also implemented to test for drugs.
Experience is a crucial component 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 as officers in NJ receive to test for BAC levels. He knows the proper application of the Dreager Alcotest® and will use that information to prove your case.
A breath test refusal charge can be added to DWI and DUI charges, creating more expensive penalties. Jail sentences and a revoked license may come from a refusal conviction. You need a lawyer who will fight to decrease or defeat charges so you don’t get stuck with penalties like these.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), a driver who refuses to participate in a breath test is subjected to the following penalties:
A suspended license for a minimum of seven months and a fine between $300 and $500.
A suspended license for two years in addition to a max fine of $1,000.
Loss of license for a decade and a mandatory fine of $1,000.
If you or a person you care about was charged with refusing a breath test in Long Branch, contact Villani & DeLuca today. Our attorneys are here to answer your questions during a free consultation if you dial 732-965-3350.
