DWI Lawyers Can Defend Your Tinton Falls NJ Breath Test Refusal Charges
Although you may believe that turning down a breath test is a good idea, it is not part of your rights in New Jersey. There is implied consent in NJ, meaning that a potentially inebriated driver must take a breath test when it is requested. Harsh consequences can be the result of a breath test refusal.
Charges for refusal do not always mean that you will be convicted. DUI attorneys can help you avoid costly penalties for refusal. The actions of police and other law enforcement officials can lead to dismissed or reduced charges.
Safeguard your rights by speaking to a DUI lawyer with a background challenging breath test refusals in Tinton Falls, New Jersey.
Refusing a Breath Test in Tinton Falls, New Jersey
Knowing your rights is nearly as important as having an attorney who can elaborate on them. Your DWI lawyer can guard your rights for the purpose of getting charges against you reduced.
If law enforcement has not proven probable cause to administer a breath test, commencing with the test anyway is a violation of your rights. Probable cause has to be established if you have been stopped for your driving.
When officers have a reasonable basis for believing a driver is driving under the influence, they are legally permitted to use a breath test. Generally, it is not in your best interest to refuse a breath test in NJ. NJ implied consent dictates that you have to take a breath test if proper procedure has been followed.
A refusal charge can have more negative implications than a standard DUI. A refusal charge can even necessitate a stronger legal strategy in order to avoid a conviction. Your lawyer should be able to dispute the arrest itself. If there is potential to beat your charges, a DWI lawyer can help.
Blood Test Refusal
In some cases, when a breath test is declined or an officer is unable to administer it, the officer may choose to use a blood test instead. Some instances an officer may choose a blood test include: when the suspect is injured, after a breath test has already been refused, or if there is suspicion of drug usage. In New Jersey, turning down a blood test is equal to refusing a breath test.
Turn to a DWI Lawyer with Experience Challenging Refusal Charges
Carmine Villani, Esq. has had experience defending and prosecuting DWIs in NJ. This unique experience on both sides of DUI law in New Jersey is a helpful piece of background that is not standard for DUI lawyers. Mr. Villani is one of a select number of New Jersey DWI lawyers trained in both the Draeger Alcotest® and the previously used Breathalyzer. Mr. Villani is even trained in other DUI recognition procedures that officers in NJ must be aware of in order to successfully check for symptoms of alcohol.
Breath Test Refusal Penalties
According to state law, breath test refusal charges come with consequences that are in addition to any DWI and DUI consequences. Lawyers 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 past refusal conviction, a second or third one will have more extreme penalties. Consequences for DWI and refusal convictions contain hefty 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), a driver who decides he or she will not participate in a breath test is subjected to the following penalties:
First Offense
You may lose your license for at least seven months and face fines that reach from $300 to $500.
Second Offense
A suspended license for two years in addition to a maximum fine of $1,000.
Third Offense
A 10-year minimum suspension of license and a $1,000 penalty.
Contact Villani & DeLuca for a No Risk Consultation
Contact Villani & DeLuca for breath test refusal charges that you would like to dispute in Tinton Falls, NJ. Criminal defense lawyers from Villani & DeLuca are available all day, every day. Pick up the phone and dial (732) 709-7757 today for a free initial consultation.