Refusing to provide a breath sample if you are believed to be intoxicated is not smart. New Jersey’s implied consent law means that anyone who is stopped for suspicion of driving while drunk is required to take a breath test. Breath test refusal charges can lead to an arrest and serious charges.
Charges for refusal do not always mean that you will be convicted. The consequences can be serious, but DUI attorneys are very equipped to protect you during a trial. The actions of officers and other law enforcement officials can lead to dismissed or reduced charges.
Have a DWI lawyer assist you with refusal charges in Millstone, NJ now.
An attorney with knowledge of your rights regarding DUI checkpoints and refusal is vital. Trying to get your charges thrown out is a lot easier with the assistance of a DUI attorney who understands your rights inside and out.
If law enforcement does not have probable cause to administer a breath test, initiating the test anyway is an infringement of your rights. Probable cause has to be proven if you are pulled over for your driving.
When officers have a reasonable foundation for thinking someone is driving while intoxicated, they are legitimately permitted to perform a breath test. It is a bad idea to decline a breath test. NJ implied consent dictates that you have to undergo a breath test if the right procedure has been followed.
Regular DWI charges can come with penalties that are less severe than refusal charges. A refusal charge can even require a stronger defense in order to avoid a conviction. Your lawyer should be able to dispute the arrest itself. If there is potential to beat these charges, a DWI lawyer can help.
In some cases, when a breath test is declined or an officer is unable to conduct it, the officer may decide to use a blood sample instead. Some instances an officer may go with a blood test include: when the suspect is injured, after the Alcotest® has already been refused, or if there is suspicion of drug usage. In New Jersey, turning down a blood test is the same as turning down a breath test.
Your DWI attorney needs to have the experience to help you defeat a refusal charge. Carmine Villani, Esq. has been challenging refusal charges in New Jersey for years. He has received the same training that officers in NJ receive to test for drunk driving. He has been trained to use the Dreager Alcotest® and will help you fight your charges based on any misuse of technology or a lack of process that may have occurred during your arrest.
Breath test refusal penalties do not replace DWI penalties. Instead, you may face the ramifications of DUI as well as refusal. Lawyers from Villani & DeLuca will work with you to fight DWI charges as well as refusal charges in part because of experience. The penalties connected to refusal in New Jersey become even more severe if you have previous DUI convictions or refusal convictions. Refusal penalties include fines, license suspensions and ignition interlock devices.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), a person who decides he or she will not participate in a breath test is subjected to the following penalties:
A suspended license for no less than seven months and a fine of at least $300.
You may lose your license for a minimum of two years and owe 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 dispute in Millstone, NJ. Criminal defense lawyers from Villani & DeLuca are available all day, every day. Call 732-965-3350 any time for a free-of-charge initial consultation.
