You do not have the right to turn down a breath test request from law enforcement in NJ. The implied consent law in New Jersey means that you must participate in a breath test if you are thought to be driving under the influence. The penalties of breath test refusal charges are not mild.
You should not just plead guilty right away to breath test refusal in NJ. Ask a DUI lawyer to help you find out if protocol was executed during and leading up to your arrest for refusal charges. How police handled the implementation of your breath test, or the steps leading up to breath test refusal, can lead to charges being drastically lessened or even dropped. An attorney can argue on your behalf if mitigating circumstances led to you refusing to take the breath test.
Get help from your DWI lawyer in Roosevelt, NJ today.
If you are not sure what your rights are, you will have a more difficult time challenging refusal charges. With the guidance of a DWI attorney in New Jersey, you can learn about your rights and how to ensure they are not infringed upon.
Probable cause is a critical issue when protecting your rights against refusal charges. Probable cause needs to be demonstrated if you have been stopped for your driving.
In the event of probable cause, breath tests are legally required. If the officer thought your blood alcohol concentration (BAC) level could be above 0.08%, you would have had to take part in the breath test.
Refusal charges are much harder to beat than typical driving while intoxicated and DUI charges. But, there remains hope with a New Jersey DUI attorney in NJ. An attorney may argue your arrest and everything that happened before the arrest, like your car being pulled over and if it was legal. If you were not pulled over for valid reasons, your charges can be thrown out. Your DUI attorney might also be able to fight the frequently subjective results of the Standardized Field Sobriety Test (SFST).
A blood test may be used to test a suspected DUI driver for drugs. An officer must have reasonable cause to implement a blood test as well. New Jersey laws will treat refusal of a blood test as if it were a breath test.
Your DUI attorney should have the experience to help you defeat a refusal charge. Carmine Villani, Esq. has been challenging refusal charges in New Jersey for years. Mr. Villani is trained in the protocol that officers use in the field to decide whether a person is operating a car with a blood alcohol concentration above the legal limit. He knows the correct application of the Dreager Alcotest® and will utilize that information to prove your case.
Breath test refusal penalties do not replace DWI penalties. Instead, you may face the ramifications of DWI in addition to refusal. Attorneys from Villani & DeLuca will work with you to fight DUI charges as well as refusal charges thanks to years of experience. The penalties associated with refusal in New Jersey become even more severe if you have previous DWI convictions or refusal convictions. Refusal penalties include expensive fines, license suspensions and ignition interlock devices.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), someone who decides he or she will not participate in a breath test is subjected to the following penalties:
You can lose your license for a minimum of seven months and face fines that reach from $300 to $500.
You will lose your license for at least two years and have to pay fines of at least $1,000.
A 10-year minimum suspension of license and a $1,000 penalty.
Contact Villani & DeLuca for breath test refusal charges that you would like to dispute in Roosevelt, New Jersey. Our attorneys are available to respond to your questions during a free consultation when you call 732-965-3350.
