Although you may believe that refusing to participate in a breath test is a good idea, it is not part of your rights in NJ. The implied consent law in NJ means that you have to take a breath test if you are thought to be driving under the influence. Serious penalties can be the result of a breath test refusal.
Just because you were accused of refusal does not mean you will have to suffer the penalties of a conviction. DUI attorneys can help you stay away from serious penalties for refusal. The circumstances of your arrest and the procedure of the cop who arrested you can make it easier for you to defeat the charges.
Get help from your DUI attorney in Monmouth Beach, New Jersey now.
If you are not sure what your rights are, you will have a more difficult time fighting refusal charges. With the assistance of a DUI attorney in New Jersey, you can learn about your rights and how to ensure they are not infringed upon.
An officer can stop you for one of many disparate reasons, 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 has to be demonstrated before a breath test can be used.
In the event of probable cause, breath tests are legally required. You must take the test if the officer is believes that your blood alcohol concentration (BAC) is past the legal limit of 0.08%.
The process of beating a DWI charge is not nearly as hard as fighting a refusal charge in many cases. However, an experienced DUI attorney can introduce ways to fight a NJ refusal charge. For instance, your lawyer may be able to fight the prosecution based on the validity of your vehicle being stopped. An illegal stop of a car can be enough to dispute refusal charges. Your DWI attorney may also be able to fight the often subjective outcome of the Standardized Field Sobriety Test (SFST).
Blood tests are often used to test someone for substances other than alcohol. Reasonable cause has to exist for an officer to perform a blood test, much in the same way as when a breath test is used. NJ laws will treat refusal of a blood test as if it were a breath test.
Carmine Villani, Esq. has had experience defending and prosecuting DWIs in NJ. This unique experience on both sides of DUI law in NJ is a helpful piece of background that is not typical of DWI lawyers. Mr. Villani is part of a small group of New Jersey DUI attorneys trained in both the Draeger Alcotest® and the formerly used 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).
Previous arrests for DWI and refusal will make penalties steeper each time if you don’t have the right legal counsel. Prison time and a revoked license can come from a breath test refusal conviction. Your DWI lawyer will work with you to create a plan that works best for your case.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), somebody 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 at least two years and have to pay fines of at least $1,000.
A 10-year license suspension and a $1,000 penalty.
Contact Villani & DeLuca for breath test refusal charges that you would like to dispute in Monmouth Beach, New Jersey. Our attorneys are here to respond to your questions during a free consultation if you dial 732-965-3350.
