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.
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.
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.
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.
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:
You may lose your license for a minimum of seven months and face fines that reach from $300 to $500.
You may lose your license for a minimum of two years and owe fines of at least $1,000.
Loss of license for a decade and a mandatory fine of $1,000.
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.
