DWI Lawyers Can Protect You from Ocean Township NJ Breath Test Refusal Charges
You don’t have the right to refuse a breath test request from a police officer in NJ. There is implied consent in New Jersey, meaning that a potentially inebriated driver must take a breath test when it is requested. Serious consequences can be the result of a breath test refusal.
You should not always plead guilty right away to breath test refusal in NJ. Ask a DWI lawyer to help you discover whether protocol was executed during and before your arrest for refusal charges. How police conducted the application of your breath test, or the events leading up to breath test refusal, can lead to charges being notably lessened or even dropped. An attorney can fight on your behalf if extenuating conditions led to you refusing to take the breath test.
Ask for a DUI attorney in Ocean Township, NJ now.
Breath Test Refusal in Ocean Township, New Jersey
If you are not sure what your rights are, you will have a more difficult time challenging refusal charges. A skilled NJ DUI attorney will be able to keep you informed of these rights and assist you in protecting them.
An officer may stop you for one of many unrelated infractions, like going through a stop sign or a red light, talking on your cell phone, speeding, or a brake light malfunction. However, before an officer can ask you to take a breath test, he or she has to ascertain probable cause.
In the event of probable cause, breath tests are required by law. You have to take the test if the officer is under the impression that your blood alcohol concentration (BAC) is above the legal limit of 0.08%.
A refusal charge can result in more negative implications than a standard DUI. A refusal charge can even require a stronger legal strategy in order to avoid a conviction. Your attorney should be able to dispute the arrest itself. With any luck, your NJ DUI attorney can find grounds to argue against your charges and your charges will be thrown out or reduced.
Blood Test Refusal
A blood test is an alternative to breath tests on certain occasions. If a person is unable to participate in a breath test for medical reasons, for instance, a blood test may occur. Blood tests are also used to test for drugs.
Turn to a DWI Lawyer with Experience Challenging Refusal Charges
Experience is a crucial component in challenging DWI refusal charges. With years of experience under his belt, Carmine Villani, Esq. disputes DUI refusal charges for clients in New Jersey. He has had the same training as officers in New Jersey receive to test for drunk driving. He realizes the proper application of the Dreager Alcotest® and will utilize that knowledge to prove your case.
Penalties for Breath Test Refusals
A breath test refusal charge may be added to DWI and DUI charges, creating more expensive penalties. You could face license revocation, ignition interlock devices and jail time. You should have a lawyer who will work to minimize or defeat charges so you do not get stuck with penalties like these.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), a person who decides he or she will not take part in a breath test is subjected to the following penalties:
A suspended license for a minimum of 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 a minimum of $1,000.
A 10-year minimum suspension of license and a $1,000 fine.
Speak with Villani & DeLuca for a Free Consultation
Looking for a DWI refusal lawyer to help you get your charges dismissed in Ocean Township, New Jersey? Contact Villani & DeLuca today. Our lawyers are ready to help all day long. Inquire about a free consultation when you call 732-965-3350!