DWI Lawyers Will Protect You from Manalapan NJ Breath Test Refusal Charges
You do not have the right to reject a breath test request from a police officer in New Jersey. There is implied consent in New Jersey, meaning that a suspected drunk driver is required to take a breath test when it is requested. Strict penalties can come from a breath test refusal.
Just because you were charged with refusal does not mean you will have to suffer the consequences of a conviction. The consequences can be serious, but DWI lawyers are well equipped to protect you during a trial. The events of your arrest and the protocol of the cop who arrested you can make it easier for you to defeat the charges.
Have a DUI attorney help you with refusal charges in Manalapan, NJ now.
Refusing a Breath Test in Manalapan, New Jersey
If you are unsure what your rights are, you will have a much harder time challenging refusal charges. A skilled New Jersey DUI attorney will be able to keep you informed of these rights and make it easier for you to protect them.
If an officer has not proven probable cause to administer a breath test, initiating the test anyway is a breach of your rights. Even if you are pulled over for a traffic violation, probable cause has to be proven by the officer.
In the event of probable cause, breath tests are legally required. You must take the test if the officer is under the impression that your blood alcohol concentration (BAC) is higher than the legal limit of 0.08%.
The process of beating a DWI charge is not even close to as difficult as fighting a refusal charge in most circumstances. But, an experienced DWI lawyer can come up with ways to challenge a New Jersey refusal charge. An attorney can argue your arrest and everything that happened before the arrest, like your car being pulled over and whether it was legal. If you were not pulled over for legitimate reasons, your charges may be tossed out. The legality of a Standardized Field Sobriety Test can also be challenged.
Blood Test Refusal
A blood test may be used to test a suspected DUI driver for drugs. Reasonable cause must exist for an officer to give someone a blood test, much in the same way as when a breath test is used. Refusal charges concern blood tests and breath tests.
Consult a DWI Lawyer with a History of Fighting Refusal Charges
Your DUI lawyer should have the experience to help you defeat a refusal charge. Carmine Villani, Esq. has been working to beat refusal charges in NJ for years. He has received the same training as officers in New Jersey receive to check for BAC levels. He knows the correct application of the Dreager Alcotest® and will utilize that information to help your case.
Penalties for Breath Test Refusals
Breath test refusal ramifications do not replace DUI penalties. Instead, you may face the consequences of DUI as well as refusal. Attorneys from Villani & DeLuca can help you fight DWI charges as well as refusal charges thanks to years of experience. The penalties associated with refusal in NJ become even more severe if you have prior DUI convictions or refusal convictions. Refusal penalties include expensive fines, license suspensions and ignition interlock devices.
Penalties and fines resulting from refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
Loss of license for a minimum of seven months and a fine of at least $300.
A suspended license for two years in addition to a maximum fine of $1,000.
Loss of license for a decade and a mandatory fine of $1,000.