DWI Lawyers Can Defend Your Spring Lake NJ Breath Test Refusal Charges
You can't evade a DUI simply by saying ‘no' to a breath test. You can actually make your situation worse by refusing to take a breath test. NJ has an implied consent law, that requires all drivers to provide a breath sample upon request by law enforcement. When you do not accept a breath test in NJ, not only will an officer arrest you for a DWI, but you will have additional breath test refusal charges.
Just because you were accused of refusal does not mean you will have to undergo the consequences of a conviction. The consequences can be steep, but DWI attorneys are very equipped to protect you during a trial. The circumstances of your arrest and the protocol of the cop who arrested you can make it easier for you to beat the charges.
Get help from your DUI attorney in Spring Lake, NJ today.
Breath Test Refusal in Spring Lake, NJ
An attorney with familiarity of your rights pertaining to DUI stops and refusal is paramount. Your DWI lawyer can protect your rights in order to have charges against you dropped.
If law enforcement has not proven probable cause to administer a breath test, initiating the test anyway is an infraction of your rights. Even if you are stopped for a traffic violation, probable cause has to be proven by the officer.
In the event of probable cause, breath tests are legally required. If the officer believed your blood alcohol concentration (BAC) level could be more than 0.08%, you would have had to execute the breath test.
The process of fighting a DUI charge is not nearly as difficult as fighting a refusal charge in many circumstances. But, a seasoned DWI lawyer can come up with ways to challenge a NJ refusal charge. For example, your attorney may be able to fight the prosecution based on the legitimacy of your vehicle being stopped. If you were not stopped for legitimate reasons, your charges could be thrown out. Your DWI attorney may also be able to challenge the often subjective outcome of the Standardized Field Sobriety Test (SFST).
Blood Test Refusal
A blood test can be used as an alternative to breath tests on certain occasions. Some instances an officer may go with a blood test include: injuries to the suspect, after the Alcotest® 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 a History of Defending Refusal Charges
Carmine Villani, Esq. has had experience defending and prosecuting DWIs in NJ. His experience representing each side of drunk driving arrests gives him credentials that many other defense attorneys in New Jersey lack. He has received training to use the Draeger Alcotest® as well as the Breathalyzer. Mr. Villani is even trained in other DUI detection procedures that officers in NJ must know in order to properly check for symptoms of alcohol.
Penalties for Breath Test Refusals
Former convictions for DUI and refusal will make penalties steeper every time if you do not have qualified lawyers. You could face license revocation, ignition interlock devices and prison time. You need a lawyer who will fight to minimize or beat charges so you do not get stuck with penalties like these.
According to the NJ 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
A suspended license for a minimum of seven months and a fine of at least $300.
Second Offense
You may lose your license for a minimum of two years and owe fines of at least $1,000.
Third Offense
A 10-year license suspension and a $1,000 penalty.
Speak with Villani & DeLuca for a Free Consultation
If you or someone you care about was charged with breath test refusal in Spring Lake, contact Villani & DeLuca today. Our attorneys are here to answer your questions during a free consultation if you call (732) 709-7757.