DWI Lawyers Can Defend Your Rumson NJ Breath Test Refusal Charges
Declining to take a breath test if you are believed to be intoxicated is not smart. New Jersey's implied consent law means that anyone who has been stopped under suspicion of drunk driving is required to participate in a breath test. You will be taken in and faced with charges for refusal if you turn down a breath test.
You should not just plead guilty right away to breath test refusal in New Jersey. Contact a qualified DUI lawyer to make sure police followed accurate procedure during your arrest, including probable cause, proper use of equipment, or having the right certification in breath test administration. Any incident or inappropriate action taken by an officer can add to your case. Your attorney may even be able to provide additional refusal justifications, such as language barriers or medical issues.
Have a DUI attorney help you with refusal charges in Rumson, New Jersey now.
Breath Test Refusal in Rumson, New Jersey
An attorney with familiarity of your rights pertaining to DUI checkpoints and refusal is paramount. Your DWI lawyer can guard your rights in order to have charges against you reduced.
Probable cause is a crucial issue when protecting your rights against refusal charges. Probable cause has to be demonstrated if you have been pulled over for your driving.
When officers have a reasonable foundation for believing a driver is driving under the influence, they are legitimately allowed to use a breath test. It is a bad idea to refuse a breath test. New Jersey implied consent states that you are required to undergo a breath test if proper process has been recognized.
Normal DUI charges can come with penalties that are not as steep as refusal charges. A refusal charge can even require a stronger defense in order to get results. Your lawyer should be able to challenge the arrest itself. If there is potential to beat your charges, a DUI lawyer can help.
Blood Test Refusal
In some cases, when a breath test is refused or an officer is unable to administer it, the officer may decide to use a blood sample instead. If someone is incapable of participating in a breath test for medical reasons, for instance, a blood test can occur. Blood tests are also used to test for drugs.
Turn to a DWI Lawyer with a History of Fighting Refusal Charges
Experience is a crucial mechanism in challenging DUI refusal charges. With years of experience is his corner, Carmine Villani, Esq. fights DUI refusal charges for clients in New Jersey. Mr. Villani is educated in the methods that officers use in the field to ascertain whether someone is operating a car with a blood alcohol concentration above the legal limit. He has been educated in the Dreager Alcotest® and will help you challenge your charges based on any misuse of technology or a lack of process that may have occurred during your arrest.
Penalties for Breath Test Refusals
According to state law, breath test refusal charges come with penalties that are in addition to any DWI and DUI consequences. Attorneys from Villani & DeLuca can help you fight DUI charges as well as refusal charges in part because of experience. The penalties associated with refusal in New Jersey become even more severe if you have multiple DWI convictions or refusal convictions. Consequences for DWI and refusal convictions include big fines as well as prison time, driver's license suspension periods and ignition interlock devices.
Penalties and fines due to refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
First Offense
A suspended license for a minimum of seven months and a fine up to $500.
Second Offense
You may lose your license for at least two years and owe fines of a minimum of $1,000.
Third Offense
A 10-year license suspension and a $1,000 penalty.
Speak with Villani & DeLuca for a Free Consultation
Looking for a DUI refusal lawyer to help you fight charges in Rumson, New Jersey? Contact Villani & DeLuca today. Our lawyers are here to help 24 hours a day. Inquire about a free consultation when you dial (732) 709-7757!