DWI Lawyers Will Protect You from Sea Bright NJ Breath Test Refusal Charges
Declining to take a breath test if you are suspected of drunk driving is not smart. The implied consent law of New Jersey means that you have to take a breath test if an officer believes that you may have had a drink. Breath test refusal charges will lead to a trip to the police station and serious charges.
Charges for breath test refusal do not always mean that you will be convicted. DUI lawyers can help you evade costly penalties for refusal. The context of your arrest and the procedure of the cop who arrested you can help you beat the charges.
Speak to a DUI lawyer to protect you from refusal charges in Sea Bright, NJ.
Refusing a Breath Test in Sea Bright, New Jersey
If you are not sure what your rights are, you will have a much harder time fighting refusal charges. A skilled New Jersey DWI lawyer will be able to inform you of these rights and make it easier for you to protect them.
Probable cause is an essential topic when protecting your rights against refusal charges. Even if you are pulled over for a traffic violation, probable cause needs to be proven by the officer.
When officers have a judicious foundation for believing someone is driving under the influence, they are legitimately permitted to implement a breath test. Generally, it is not smart to turn down a breath test in NJ. According to implied consent laws in our state, you are required to accept a breath test if an officer has followed procedure and thinks your blood alcohol concentration (BAC) level might be above 0.08%.
Regular DWI charges can lead to penalties that are not as steep as refusal charges. A refusal charge can even require a stronger defense in order to avoid a conviction. But, an experienced lawyer can dispute the circumstances of your arrest. With any luck, your NJ DUI lawyer can find grounds to argue against your charges and your charges will be thrown out or reduced.
Blood Test Refusal
In some instances, when a breath test is declined or an officer is unable to administer it, the officer may decide to use a blood sample instead. Some instances an officer may opt for a blood test include: injuries to the suspect, after a breath test has already been refused, or if the officer suspects drug usage. In the eyes of NJ law, turning down a blood test is the same as turning down a breath test.
Consult a DWI Lawyer with Experience Defending Refusal Charges
Carmine Villani, Esq. has had experience defending and prosecuting DWIs in New Jersey. This rare experience on both sides of DUI law in NJ is a beneficial piece of background that is not standard for DWI attorneys. Mr. Villani is part of a small group of NJ DUI lawyers trained in both the Draeger Alcotest® and the previously used Breathalyzer. Mr. Villani is also trained in other DWI recognition procedures that officers in NJ must be aware of in order to properly test for symptoms of alcohol.
Breath Test Refusal Penalties
According to state law, refusing to take a breath test comes with penalties that are in addition to any DWI and DUI penalties. Attorneys from Villani & DeLuca will work with you to fight DUI charges as well as refusal charges in part because of experience. If you have a previous refusal conviction, another one will have steeper penalties. Refusal penalties include expensive fines, license suspensions and ignition interlock devices.
According to the New Jersey 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 in danger of the following penalties:
First Offense
A suspended license for a minimum of seven months and a fine between $300 and $500.
Second Offense
You may lose your license for a minimum of two years and owe fines of a minimum of $1,000.
Third Offense
Loss of license for a decade and a mandatory fine of $1,000.
Contact Villani & DeLuca for a Complimentary Consultation
If you or a person you care about has been charged with refusing a breath test in Sea Bright, contact Villani & DeLuca today. Criminal defense attorneys from Villani & DeLuca are available 24 hours a day, 7 days a week. Call (732) 709-7757 now for a free initial consultation.