You don’t have the right to refuse a breath test request from a police officer in New Jersey. The implied consent law in New Jersey means that you have to participate in a breath test if you are thought to be driving under the influence. Strict consequences can come from a breath test refusal.
If you have been accused of breath test refusal in NJ, don’t automatically admit to anything. Ask a DUI attorney to help you determine whether procedures were followed during and before your arrest for refusal charges. How law enforcement handled the execution of your breath test, or the steps prior to breath test refusal, can lead to charges being drastically reduced or even dropped. Your lawyer may even be able to provide alternative refusal justifications, such as translation barriers or medications you were taking.
Defend your rights by asking the advice of a DWI attorney with a background dealing with breath test refusals in Oceanport, New Jersey.
If you are not sure what your rights are, you will have a more difficult time fighting refusal charges. A skilled New Jersey DUI lawyer will be able to keep you informed of these rights and assist you in protecting them.
An officer can pull you over for multiple reasons, such as ordinary moving violations. However, before an officer may ask you to take a breath test, he or she is required to ascertain probable cause.
If a police officer has a sound reason (probable cause) to think that you may be driving a car after consuming alcohol, a breath test may be necessary. It is a bad idea to decline a breath test. According to implied consent laws in our state, you must accept a breath test if the officer has followed procedure and believes your blood alcohol concentration (BAC) level might be higher than 0.08%.
Refusal charges are a lot harder to beat than typical driving while intoxicated and DUI charges. But, there is still hope with a New Jersey DWI lawyer in New Jersey. For instance, your attorney may be able to fight the state based on the legitimacy of your car being stopped. If you were not stopped for legitimate reasons, your charges may be tossed out. Your DUI attorney may also be able to challenge the frequently subjective results of the Standardized Field Sobriety Test (SFST).
Blood tests are frequently used to test someone for a presence of drugs. An officer must have reasonable cause before implementing a blood test as well. NJ laws will treat refusal of a blood test as if it were a breath test.
Carmine Villani, Esq., a founding partner of Villani & DeLuca, P.C., has familiarity prosecuting and defending DWIs in NJ. His legal experience representing each side of drunk driving arrests gives him qualifications that many other defense attorneys in New Jersey lack. He has been trained to use the Draeger Alcotest® as well as the Breathalyzer. Mr. Villani is also trained in other DUI recognition practices that officers in NJ must know in order to properly test for symptoms of drunkenness.
A breath test refusal charge may be added to DWI and DUI charges, creating more expensive penalties. Jail sentences and a revoked license may come from a refusal conviction. Your DUI lawyer will work with you to create 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:
A suspended license for a minimum of seven months and a fine up to $500.
You will lose your license for at least two years and owe fines of at least $1,000.
A 10-year minimum suspension of license and a $1,000 penalty.
Looking for a DWI refusal attorney to help you fight charges in Oceanport, NJ? Contact Villani & DeLuca now. Call 732-965-3350 for a free consultation.
