It is not smart to turn down a breath test from a police officer if you are suspected of driving under the influence. The implied consent law of New Jersey means that you have to take a breath test if a cop believes that you may have been drinking alcohol. You will be taken in and charged with refusal if you do not take a breath test.
Charges for breath test refusal do not always mean that you will be convicted. The consequences can be steep, but DWI lawyers are well equipped to protect you during a trial. The actions of officers and other law enforcement officials can lead to dropped or reduced charges.
Have a DUI lawyer assist you with refusal charges in Neptune, NJ now.
Knowing your rights is nearly as important as having a lawyer who can explain them to you. Trying to have your charges thrown out is a lot easier with the assistance of a DUI lawyer who knows your rights thoroughly.
An officer can pull you over for a variety of reasons, such as ordinary moving violations. But, before an officer may ask you to take a breath test, he or she must establish probable cause.
If probable cause is proven, an officer can ask you to perform a breath test. If the officer thought your blood alcohol concentration (BAC) level was above 0.08%, you would have had to accept the breath test.
Refusal charges are a lot more difficult to beat than normal driving while intoxicated and driving under the influence charges. However, there is still hope with a NJ DWI attorney in NJ. For instance, your attorney may be able to fight the prosecution based on the legality of your vehicle being pulled over. An illegal stop of a vehicle can be justification to fight refusal charges. The legitimacy of a Standardized Field Sobriety Test can also be challenged.
In some cases, when a breath test is refused or an officer is unable to conduct it, the officer may decide to use a blood sample instead. Some instances an officer may choose a blood test include: injuries to the suspect, after a breath test has already been refused, or if there is suspicion of drug usage. In New Jersey, refusing a blood test is the same as turning down a breath test.
Carmine Villani, Esq. has had experience defending and prosecuting DUIs in New Jersey. His experience representing both sides of arrests for driving under the influence gives him credentials that many other defense attorneys in NJ lack. He has received training to operate the Draeger Alcotest® and the Breathalyzer. Mr. Villani is even trained in other DWI detection procedures that officers in NJ must be aware of in order to successfully check for symptoms of alcohol.
Previous convictions for DWI and refusal will make penalties steeper each time if you do not hire the right legal counsel. Prison time and a revoked license can come from a refusal conviction. Your DWI lawyer will work with you to build a strategy that works best for you.
Penalties and fines resulting from refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
Loss of license for a minimum of seven months and a fine between $300 and $500.
You will lose your license for at least two years and owe fines of a minimum of $1,000.
Loss of license for a decade and a mandatory fine of $1,000.
If you or a person you care about has been charged with refusing a breath test in Neptune, contact Villani & DeLuca today. Our lawyers are available to answer your questions during a free consultation when you dial 732-965-3350.
