DWI Lawyers Can Help with Upper Freehold NJ Breath Test Refusal Charges
Although you may be under the impression that refusing to participate in a breath test is the right call, it is not within your rights in New Jersey. There is implied consent in NJ, meaning that a potentially inebriated driver must take a breath test upon request. The consequences of breath test refusal charges can be severe.
Charges for refusal do not necessarily mean that you will be convicted. DWI attorneys can help you avoid serious penalties for refusal. The actions of police and other law enforcement officials can lead to dropped or reduced charges.
Speak to a DWI lawyer to defend you from refusal charges in Upper Freehold, NJ.
Breath Test Refusal in Upper Freehold, New Jersey
If you know your rights at the state level, you will have a clearer chance of beating charges brought against you in court. A skilled New Jersey DWI attorney will be able to keep you informed of these rights and make it easier for you to protect them.
If law enforcement has not proven probable cause to give a breath test, initiating the test anyway is an infraction of your rights. Even if you are pulled over for a traffic violation, probable cause needs to be proven by the officer.
If a police officer has a valid reason (probable cause) to believe that you may be driving a car under the influence of alcohol, a breath test may be the next logical step. It is not usually a good idea to decline a breath test. According to implied consent laws in New Jersey, you are required to take a breath test if an officer has followed procedure and thinks your blood alcohol concentration (BAC) level might be higher than 0.08%.
The difficulty of fighting a DUI charge is not nearly as hard as fighting a refusal charge in many circumstances. However, there remains hope with a NJ DUI attorney in New Jersey. A lawyer may argue your arrest and all the events leading to the arrest, such as your vehicle being stopped and what led to that decision. If you were not stopped for valid reasons, your charges can be tossed out. Your DWI lawyer might also be able to fight the often subjective results of the Standardized Field Sobriety Test (SFST).
Blood Test Refusal
A blood test can be used to test a driver for drugs. Reasonable cause must exist for an officer to give someone a blood test, much in the same way as when a breath test is performed. Refusal charges apply to blood tests as well as breath tests.
Consult a DWI Lawyer with Experience Fighting Refusal Charges
Experience is a key mechanism in challenging DUI refusal charges. Carmine Villani, Esq. has been challenging refusal charges in New Jersey for years. Mr. Villani is trained in the methods that officers use in the field to find out whether a driver is operating a vehicle with a BAC over the legal limit. He has been educated in the Dreager Alcotest® and will help you fight your charges based on any misuse of technology or a lack of procedure that may have taken place during your arrest.
Penalties for Breath Test Refusals
Breath test refusal ramifications do not replace DUI penalties. Instead, you may face the consequences of DWI in addition to refusal. Attorneys from Villani & DeLuca can help you fight DWI charges as well as refusal charges thanks to years of experience. The penalties connected to 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.
Penalties and fines resulting from refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
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
Loss of license for a decade and a mandatory fine of $1,000.
Speak with Villani & DeLuca for a Complimentary Consultation
Looking for a DWI refusal lawyer to help you fight charges in Upper Freehold, NJ? Contact Villani & DeLuca now. Our attorneys are ready to assist 24 hours a day. Ask about a free consultation when you dial (732) 709-7757!