• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-709-7757
  • About The Firm
    • Why Choose Villani & DeLuca
    • Press Room
  • Our Attorneys
    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
    • Jay Turnbach, Esq., Of Counsel
  • Areas of Practice
    • Divorce & Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Liquor License
  • Legal Resources
    • Divorce
      • New Jersey Divorce Attorney
      • New Jersey Online Divorce
      • New Jersey Divorce Mediator
      • New Jersey Divorce Mediation
      • Ocean County Divorce Mediation
      • Monmouth County Divorce Mediation
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • ABC
  • Client Testimonials
  • Contact

Breath Test Refusal Lawyers in Shrewsbury NJ

DWI Lawyers Can Defend Your Shrewsbury NJ Breath Test Refusal Charges

You can’t avoid a DUI simply by refusing to take part in a breath test. In reality, the opposite is true. In NJ, you are obligated to participate in a breath test if asked by an officer. When you do not take part in a breath test in NJ, not only will an officer arrest you for a DUI, but you will have additional breath test refusal charges.
Just because you were charged with refusal does not mean that you will be convicted. The consequences can be steep, but DWI attorneys are well equipped to protect you during a trial. The actions of police and other law enforcement officials can lead to dropped or reduced charges.

Safeguard your rights by consulting a DWI law firm with a background dealing with breath test refusals in Shrewsbury, NJ.

Refusing a Breath Test in Shrewsbury, NJ

Knowing your rights is almost as imperative as having a lawyer who can elaborate on them. Fighting to have your charges dropped is a lot easier with the assistance of a DWI attorney who understands your rights inside and out.
If an officer does not have probable cause to give a breath test, commencing with the test anyway is an infringement of your rights. Probable cause needs to be demonstrated if you have been stopped for your driving.
If a police officer has a good reason (probable cause) to think that you may be operating a vehicle under the influence of alcohol, a breath test may be the next logical step. Generally, it is not in your best interest to turn down a breath test in New Jersey. According to implied consent laws in NJ, you must take a breath test if an officer has followed procedure and thinks your blood alcohol concentration (BAC) level might be higher than 0.08%.
Typical DUI charges can come with penalties that are not as steep as refusal charges. Refusal charges may also be more difficult to challenge than a DUI. But, a qualified lawyer can argue against the circumstances of your arrest. If there is potential to beat these charges, a DWI lawyer can help.

Blood Test Refusal

A blood test may be used to test a 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 implemented. Refusal charges concern blood tests as well as breath tests.

Consult a DWI Lawyer with a History of Defending Refusal Charges

Experience is a key component in disputing DWI refusal charges. With a multitude of experience under his belt, Carmine Villani, Esq. fights DWI refusal charges for clients in NJ. He has had the same training that officers in NJ receive to test for BAC levels. 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 could have taken place while you were being arrested.

Penalties for Breath Test Refusals

Breath test refusal penalties do not replace DUI penalties. Instead, you may have to deal with the consequences of DUI in addition to refusal. This is why you need attorneys who challenge both refusal and DWI charges in NJ. If you have a past refusal conviction, a second or third one will have stiffer penalties. Consequences for DWI and refusal convictions contain large fines as well as jail time, license suspension periods and ignition interlock devices.

Penalties and fines associated with refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:

First Offense

You may lose your license for a minimum of seven months and face fines that reach from $300 to $500.

Second Offense

You may lose your license for a minimum of two years and owe 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 Free Consultation

If you or a person you care about was charged with breath test refusal in Shrewsbury, contact Villani & DeLuca today. Our attorneys are available to answer your questions during a free consultation when you dial 732-965-3350.

Primary Sidebar

Free Consultation

Recent Posts

  • Super Lawyers Carmine R. Villani & Vincent C. DeLuca
  • Divorce in New Jersey-Adultery
  • Divorce Attorney Brick New Jersey
  • Carmine R. Villani weighs in on Bruce Springsteen DWI in the New York Times
  • Villani & DeLuca Divorce Attorneys in Toms River

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-709-7757

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-595-4213

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-709-7757

Villani & DeLuca P.C. BBB Business Review

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2021 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap
X
Free Consultation: Schedule Now Call Now: 732-709-7757