Although you may believe that refusing to participate in a breath test is smart, it is not within your rights in NJ. There is implied consent in New Jersey, meaning that a suspected intoxicated driver must take a breath test when it is requested. Harsh consequences can come from a breath test refusal.
You should not just plead guilty right away to breath test refusal in NJ. Contact a knowledgeable DUI attorney to make sure law enforcement followed standard procedure during your arrest, including probable cause, proper use of equipment, or having the right certification in breath test administration. How police conducted the execution of your breath test, or the steps leading up to breath test refusal, can lead to charges being drastically reduced or even dropped. An attorney can fight on your behalf if extenuating conditions led to you turning down the breath test.
Speak to a DWI attorney to defend you from refusal charges in Union Beach, NJ.
If you are aware of 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 DUI attorney will be able to keep you informed of these rights and make it easier for you to protect them.
Probable cause is a crucial topic when defending your rights against refusal charges. Probable cause has to be established if you have been pulled over for your driving.
In the event of probable cause, breath tests are legally required. You have to take the test if the officer is believes that your blood alcohol concentration (BAC) is higher than the legal limit of 0.08%.
Regular DUI charges can lead to penalties that are less severe than refusal charges. Refusal charges may also be harder to challenge than a DUI. However, an experienced attorney can dispute the circumstances of your arrest. With any luck, your New Jersey DUI attorney can find grounds to dispute your charges and your charges will be dropped or reduced.
Blood tests are often used to test someone for a presence of drugs. An officer is required to have reasonable cause to implement a blood test as well. NJ laws will treat refusal of a blood test as if it were a breath test.
Your DUI attorney should have the experience to help you beat a refusal charge. Carmine Villani, Esq. has been working to beat refusal charges in NJ for years. Mr. Villani is educated in the protocol that officers use in the field to find out whether a person is operating a car with a blood alcohol concentration over the legal limit. He has been trained to use 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 DUI charges in NJ. The penalties associated with refusal in NJ become even more severe if you have prior DWI convictions or refusal convictions. Refusal penalties include expensive fines, license suspensions and ignition interlock devices.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), a person who decides he or she will not take part in a breath test is subjected to the following penalties:
You can lose your license for a minimum of seven months and face fines that reach from $300 to $500.
Two-year suspension of license in addition to a maximum fine of $1,000.
Loss of license for a decade and a mandatory fine of $1,000.
Looking for a DWI refusal lawyer to help you fight charges in Union Beach, NJ? Contact Villani & DeLuca now. Our attorneys are ready to help 24 hours a day. Ask about a free consultation after you dial 732-965-3350!
