It is not in your best interest to turn down a breath test from police if you are suspected of driving under the influence. The implied consent law of NJ means that you have to take a breath test if a cop thinks that you may have been drinking alcohol. Breath test refusal charges will lead to an arrest and serious charges.
If you have been charged with breath test refusal in NJ, don’t automatically plead guilty. Ask a DUI lawyer to help you find out if procedures were executed during and before your arrest for refusal charges. Any incident or improper action taken by an officer can add to your case. Your attorney might even be able to mention alternative refusal justifications, like translation issues or medical issues.
Have a DUI lawyer assist you with refusal charges in Middletown, New Jersey now.
Knowing your rights is almost as imperative as having a lawyer who can explain them to you. Trying to have your charges thrown out is much easier with the help of a DUI attorney who understands your rights thoroughly.
An officer is permitted to stop you for one of many disparate infractions, such as going through a stop sign or a red light, talking on your cell phone, speeding, or a broken brake light. But, probable cause must be demonstrated before a breath test can be administered.
If probable cause is proven, an officer may ask you to perform a breath test. If the officer believed your blood alcohol concentration (BAC) level was more than 0.08%, you would have had to execute the breath test.
A refusal charge can result in more legal consequences than a standard DUI. A refusal charge can even necessitate a stronger legal strategy in order to get results. However, an experienced attorney can argue against the circumstances of your arrest. With any luck, your NJ DUI attorney can find reasons to dispute your charges and your charges will be thrown out or reduced.
Blood tests are frequently used to test a person for a presence of drugs. An officer is required to have reasonable cause to implement a blood test as well. Refusal charges apply to blood tests and breath tests.
Carmine Villani, Esq. has had experience defending and prosecuting DUIs in New Jersey. This rare experience on both sides of DUI law in New Jersey is a helpful piece of background that is not standard for DUI lawyers. He has received training to use the Draeger Alcotest® and the Breathalyzer. Additionally, Mr. Villani has received the same training as police officers in the areas of Drug Recognition Evaluation (DRE) and Standardized Field Sobriety Testing (SFST).
Breath test refusal ramifications do not replace DUI penalties. Instead, you may have to deal with the consequences of DWI as well as refusal. Lawyers from Villani & DeLuca can help you fight DUI charges as well as refusal charges in part because of experience. If you have a previous refusal conviction, another one will have more extreme penalties. Refusal penalties include expensive fines, license suspensions and ignition interlock devices.
Penalties and fines associated with refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
You can lose your license for at least seven months and face fines that reach from $300 to $500.
You may lose your license for at least two years and have to pay fines of at least $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Contact Villani & DeLuca for breath test refusal charges that you would like to fight in Middletown, NJ. Our lawyers are here to answer your questions during a free consultation when you dial 732-965-3350.
