DWI Lawyers Can Protect You from Matawan NJ Breath Test Refusal Charges
Although you may be under the impression 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 New Jersey, meaning that a suspected drunk driver is required to take a breath test when it is requested. Serious penalties can be the result of a breath test refusal.
Just because you were charged with refusal does not mean that you will be convicted. DUI attorneys can help you stay away from costly penalties for refusal. The actions of officers and other law enforcement officials can lead to dismissed or reduced charges.
Have a DUI lawyer help you with refusal charges in Matawan, New Jersey now.
Refusing a Breath Test in Matawan, NJ
An attorney with an understanding of your rights pertaining to DUI stops and refusal is vital. Your DWI lawyer can protect your rights for the purpose of getting charges against you reduced.
Probable cause is a crucial issue when defending your rights against refusal charges. Probable cause needs to be proven if you are pulled over for your driving.
If an officer has a sound reason (probable cause) to believe that you may be operating a vehicle under the influence of alcohol, a breath test may be required. Generally, it is not recommended to turn down a breath test in New Jersey. NJ implied consent states that you are required to undergo a breath test if the correct steps have been recognized.
Refusal charges are a lot harder to beat than typical DWI and DUI charges. But, a seasoned DWI lawyer can find strategies to fight a New Jersey refusal charge. An attorney can argue your arrest and all the events that happened before the arrest, like your car being stopped and whether it was legal. An illegal stop of a vehicle can be enough to dispute refusal charges. Your DWI attorney may also be able to fight the often subjective results of the Standardized Field Sobriety Test (SFST).
Blood Test Refusal
Blood tests are frequently used to test someone for substances other than alcohol. 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 and breath tests.
Turn to a DWI Lawyer with Experience Fighting Refusal Charges
Carmine Villani, Esq. has had experience defending and prosecuting DUIs in New Jersey. His legal experience representing both sides 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 DUI detection practices that officers in New Jersey must know in order to successfully test for symptoms of drunkenness.
Penalties for Breath Test Refusals
Breath test refusal penalties do not replace DUI penalties. Instead, you may have to deal with the consequences of DWI as well as refusal. This is why you need attorneys who fight both refusal and DWI charges in New Jersey. The penalties connected to refusal in New Jersey become even more severe if you have multiple DUI convictions or refusal convictions. Refusal penalties include expensive fines, license suspensions and ignition interlock devices.
According to the New Jersey 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 subjected to the following penalties:
Loss of license for no less than seven months and a fine of at least $300.
Two-year loss of license in addition to a maximum fine of $1,000.
A 10-year minimum suspension of license and a $1,000 penalty.
Contact Villani & DeLuca for a No Risk Consultation
If you or someone you care about was charged with breath test refusal in Matawan, contact Villani & DeLuca today. Our lawyers are here to answer your questions during a free consultation if you dial 732-965-3350.