DWI Lawyers Will Help with Marlboro NJ Breath Test Refusal Charges
Although you may think that refusing to participate in a breath test is the right call, it is not within your rights in NJ. There is implied consent in NJ, meaning that a potentially drunk driver must take a breath test upon request. The consequences of breath test refusal charges can be severe.
Charges for refusal do not always mean that you will be convicted. DUI lawyers can help you avoid serious penalties for refusal. The circumstances of your arrest and the procedure of the officer who arrested you can help you defeat the charges.
Have a DUI attorney help you with refusal charges in Marlboro, NJ now.
Refusing a Breath Test in Marlboro, New Jersey
If you are aware of your rights at the state and federal level, you will have a much better opportunity to beat charges brought against you in court. A skilled NJ DUI lawyer will be able to inform you of these rights and assist you in protecting them.
If an officer has not proven probable cause to give a breath test, commencing with the test anyway is an infringement of your rights. Even if you are pulled over for a traffic violation, probable cause needs to be proven by the officer.
If probable cause is established, an officer may require that you perform a breath test. You have to accept the test if the officer is under the impression that your blood alcohol concentration (BAC) is above the legal limit of 0.08%.
The difficulty of beating a DWI charge is not nearly as difficult as fighting a refusal charge in most cases. However, there remains hope with a New Jersey DWI attorney in NJ. An attorney may challenge your arrest and all the events that happened before the arrest, such as your car being stopped and if it was legal. If you were not pulled over for valid reasons, your charges could be tossed out. The legitimacy of a Standardized Field Sobriety Test can also be fought.
Blood Test Refusal
A blood test is an alternative to breath tests on certain occasions. If someone is incapable of participating in a breath test for medical reasons, for instance, a blood test can be permitted. Blood tests are also used to test for drugs.
Consult a DWI Lawyer with Experience Challenging Refusal Charges
Experience is a key component in fighting DUI refusal charges. With a multitude of experience is his corner, Carmine Villani, Esq. fights DUI refusal charges for clients in NJ. Mr. Villani is trained in the methods that officers use in the field to decide whether a person is operating a car with a BAC over the legal limit. He has been trained to use the Dreager Alcotest® and will help you fight your charges based on any mishandling of technology or a lack of process that could have occurred during your arrest.
Breath Test Refusal Penalties
Previous convictions for DWI and refusal will make penalties steeper each time if you do not have qualified legal counsel. You could have your license revoked, ignition interlock devices and jail time. You should have an attorney who will fight to decrease or defeat charges so you don’t receive penalties like these.
Penalties and fines resulting from refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
Loss of license for no less than seven months and a fine of at least $300.
You will lose your license for a minimum of two years and owe fines of a minimum of $1,000.
Loss of license for a decade and a mandatory fine of $1,000.
Contact Villani & DeLuca for a No Risk Consultation
If you or someone you care about was charged with refusing a breath test in Marlboro, contact Villani & DeLuca today. Our attorneys are ready to answer your questions during a free consultation when you call 732-965-3350.