DWI Lawyers Will Help with Sea Girt NJ Breath Test Refusal Charges
Declining to provide a breath sample if you are believed to be intoxicated is not smart. New Jersey's implied consent law means that a driver who gets pulled over under suspicion of driving while drunk has to participate in a breath test. You will be taken in and charged with refusal if you turn down a breath test.
Just because you were accused of refusal does not mean that you will be convicted. DUI lawyers can help you stay away from serious penalties for refusal. The actions of police and other law enforcement officials can lead to dismissed or reduced charges.
Speak to a DWI attorney to defend you from refusal charges in Sea Girt, NJ.
Breath Test Refusal in Sea Girt, NJ
If you know your rights at the state and federal level, you will have a clearer chance of beating charges brought against you in court. A skilled New Jersey DWI attorney will be able to keep you informed of these rights and make it easier for you to protect them.
Probable cause is a critical issue when defending your rights against refusal charges. Even if you are pulled over for a traffic violation, probable cause has to be proven by the officer.
When officers have a reasonable basis for thinking a driver is driving under the influence, they are legally allowed to use a breath test. Generally, it is not smart to refuse a breath test in New Jersey. New Jersey implied consent dictates that you are required to undergo a breath test if the correct procedure has been followed.
A refusal charge can have more negative implications than a standard DWI. A refusal charge can even require a stronger legal strategy in order to avoid a conviction. Your attorney should be able to fight the arrest itself. With any luck, your New Jersey DUI attorney can find reasons to argue against your charges and your charges will be thrown out or reduced.
Blood Test Refusal
A blood test is an alternative to breath tests on certain occasions. If a person is not able to take part in a breath test for medical reasons, for instance, a blood test can be permitted. Blood tests are also implemented to test for drugs.
Turn to a DWI Lawyer with Experience Fighting Refusal Charges
Your DWI attorney needs to have the experience to help you beat a refusal charge. With years of experience is his corner, Carmine Villani, Esq. disputes DWI refusal charges for clients in NJ. He has had the same training as officers in NJ receive to test for drunk driving. He has been educated in the Dreager Alcotest® and will help you challenge your charges based on any mishandling of technology or a lack of procedure that could have occurred while you were being arrested.
Breath Test Refusal Penalties
According to state law, refusing to take a breath test comes with consequences that are in addition to any DWI and DUI penalties. This is why you should hire lawyers who challenge both refusal and DWI charges in New Jersey. If you have a past refusal conviction, another one will have steeper penalties. Consequences for DWI and refusal convictions contain large fines as well as jail time, driver's license suspension periods and ignition interlock devices.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), someone who refuses to participate in a breath test is in danger of the following penalties:
First Offense
Loss of license for no less than seven months and a fine up to $500.
Second Offense
You may lose your license for a minimum of two years and have to pay fines of at least $1,000.
Third Offense
Loss of license for a decade and a mandatory fine of $1,000.
Speak with Villani & DeLuca for a Complimentary Consultation
Looking for a DUI refusal attorney to help you get your charges dismissed in Sea Girt, New Jersey? Get in touch with Villani & DeLuca for additional information about refusal. Our attorneys are ready to assist 24 hours a day. Inquire about a free consultation when you call (732) 709-7757!