You cannot evade a DWI simply by refusing to take part in a breath test. You can actually make matters worse by rejecting a breath test. New Jersey has an implied consent law, which necessitates all suspected drunk drivers to give a blood alcohol concentration sample upon request by law enforcement. Saying “no” to a breath test will end in a DWI as well as breath test refusal, which can be just as sever.
Just because you were charged with refusal does not mean you will have to experience the penalties of a guilty verdict. DUI lawyers can help you avoid costly penalties for refusal. The circumstances of your arrest and the protocol of the cop who arrested you can help you beat the charges.
Have a DUI lawyer assist you with refusal charges in Red Bank, NJ now.
An attorney with knowledge of your rights pertaining to DWI stops and refusal is vital. Trying to have your charges dropped is much easier with the assistance of a DWI attorney who understands your rights thoroughly.
Probable cause is an essential topic when defending your rights against refusal charges. Probable cause has to be demonstrated if you have been stopped for your driving.
If a police officer has a good reason (probable cause) to believe that you may be operating a car under the influence of alcohol, a breath test may be required. Generally, it is not in your best interest to refuse a breath test in New Jersey. New Jersey implied consent states that you are required to undergo a breath test if the right process has been followed.
The difficulty of beating a DWI charge is not even close to as hard as fighting a refusal charge in most circumstances. But, an experienced DUI lawyer can come up with strategies to challenge a New Jersey refusal charge. For instance, your attorney may be able to fight the state based on the legitimacy of your car being stopped. An illegal stop of a car can be justification to dispute refusal charges. The legitimacy of a Standardized Field Sobriety Test can also be argued.
A blood test may be used to test a suspected DUI driver for drugs. 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. Refusal charges apply to blood tests and breath tests.
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 qualifications that many other defense lawyers in New Jersey lack. He has had training to operate the Draeger Alcotest® and the Breathalyzer. In addition, 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 do not have the right legal counsel. Jail time and a revoked license can come from a refusal conviction. Your DWI lawyer will work with you to build a plan that works best for you.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), a person who refuses to participate in a breath test is in danger of the following penalties:
You can lose your license for a minimum of seven months and confront fines that reach from $300 to $500.
You may lose your license for at least two years and owe 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 fight in Red Bank, New Jersey. Criminal defense lawyers from Villani & DeLuca are available all day, every day. Call 732-965-3350 any time for a free initial consultation.
