Although you may be under the impression that refusing to participate in a breath test is smart, it is not within your rights in New Jersey. The implied consent law in New Jersey means that you must take a breath test if you are suspected of drunk driving. Harsh consequences can come from a breath test refusal.
Charges for breath test refusal do not always mean that you will be found guilty. DWI lawyers can help you evade serious penalties for refusal. The circumstances of your arrest and the protocol of the officer who arrested you can help you beat the charges.
Defend your rights by asking the advice of a DUI lawyer with a background dealing with breath test refusals in Manasquan, NJ.
Knowing your rights is almost as important as having a lawyer who can explain them to you. Your DWI lawyer can defend your rights in order to have charges against you dropped.
An officer is permitted to pull you over for one of many unrelated infractions, such as running a stop sign or a red light, speaking on your cell phone, speeding, or a broken brake light. But, probable cause has to be established before a breath test can be give.
When law enforcement has a reasonable foundation for believing a driver is driving under the influence, they are legitimately permitted to implement a breath test. It is not usually a good idea to decline a breath test. NJ implied consent states that you have to undergo a breath test if the correct procedure has been recognized.
A refusal charge can cause more negative implications than a standard DWI. A refusal charge can even require a stronger legal strategy in order to get results. But, an experienced attorney can argue against the circumstances of your arrest. If there is a chance ofbeating these charges, a DUI attorney can help.
In some cases, when a breath test is declined or an officer is unable to conduct it, the officer may choose to use a blood test instead. If a person is not able to take part in a breath test for medical reasons, for instance, a blood test may be permitted. Blood tests are also used to test for drugs.
Experience is a crucial factor in fighting DUI refusal charges. Carmine Villani, Esq. has been challenging refusal charges in NJ for years. Mr. Villani is trained in the protocol that officers use in the field to ascertain whether someone is operating a vehicle with a BAC above the legal limit. He has been educated in the Dreager Alcotest® and will help you challenge your charges based on any misuse of technology or a lack of procedure that could have taken place during your arrest.
Breath test refusal ramifications do not replace DUI penalties. Instead, you may face the ramifications of DWI as well as refusal. Lawyers from Villani & DeLuca can help you fight DWI charges as well as refusal charges in part because of experience. The penalties connected to refusal in NJ become even more severe if you have multiple DWI convictions or refusal convictions. Refusal penalties include fines, license suspensions and ignition interlock devices.
Penalties and fines associated with refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
You can lose your right to operate a vehicle for a minimum of seven months and face fines that reach from $300 to $500.
You will lose your license for a minimum of two years and have to pay fines of at least $1,000.
Loss of license for a decade and a mandatory fine of $1,000.
If you or a person you care about has been charged with refusing a breath test in Manasquan, contact Villani & DeLuca today. Our attorneys are here to respond to your questions during a free consultation if you call 732-965-3350.
