DWI Lawyers Can Help with Wall NJ Breath Test Refusal Charges
You can't avoid a DUI simply by refusing to take part in a breath test. You might actually make matters worse by rejecting a breath test. NJ has an implied consent law, requiring all suspected drunk drivers to provide a blood alcohol concentration sample upon request by law enforcement. Refusing to take breath test will end in a DUI in addition to refusal charges, which is just as sever.
Just because you were charged with refusal does not mean you will have to experience the consequences of a guilty verdict. DUI attorneys can help you evade serious penalties for refusal. The actions of officers and other law enforcement officials can lead to dropped or reduced charges.
Ask for a DUI attorney in Wall, NJ now.
Refusing a Breath Test in Wall, New Jersey
If you are aware of your rights at the state level, you will have a clearer opportunity to beat charges brought against you in court. With the help of a DWI lawyer in New Jersey, you can learn about your rights and how to protect them better.
An officer may stop you for one of many disparate reasons, like running a stop sign or a red light, talking on your cell phone, speeding, or a broken brake light. But, probable cause has to be demonstrated before a breath test can be give.
If an officer has a sound reason (probable cause) to believe that you may be operating a car under the influence of alcohol, a breath test may be required. It is not usually a good idea to decline a breath test. New Jersey implied consent dictates that you are required to take a breath test if proper procedure has been followed.
A refusal charge can cause more negative implications than a standard DUI. A refusal charge can even necessitate a stronger legal strategy in order to avoid a conviction. Your attorney should be able to dispute the arrest itself. If there is a chance ofbeating your charges, a DWI attorney can help.
Blood Test Refusal
A blood test is an alternative to breath tests on certain occasions. Some occasions an officer may go with a blood test include: injuries to the suspect, after the Alcotest® has already been declined, or if there is suspicion of drug usage. In the eyes of NJ law, refusing a blood test is the same as refusing a breath test.
Turn to a DWI Lawyer with Experience Fighting Refusal Charges
Carmine Villani, Esq., a founding member of Villani & DeLuca, P.C., has experience prosecuting and defending DUIs in NJ. This rare experience on both sides of DUI law in NJ is a helpful piece of background that is not standard for DWI lawyers. He has had training to use the Draeger Alcotest® as well as the Breathalyzer. In addition, Mr. Villani has received the same training as police officers in the areas of Drug Recognition Evaluation (DRE) and Standardized Field Sobriety Testing (SFST).
Penalties for Breath Test Refusals
A breath test refusal charge may be added to DWI and DUI charges, making penalties even steeper. Prison sentences and a revoked license may come from a refusal conviction. You need a lawyer who will battle to decrease or defeat charges so you do not get stuck with penalties like these.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), a driver who refuses to participate in a breath test is subjected to the following penalties:
First Offense
You can lose your license for a minimum of seven months and confront fines that reach from $300 to $500.
Second Offense
A suspended license for two years in addition to a max fine of $1,000.
Third Offense
A 10-year license suspension and a $1,000 fine.
Speak with Villani & DeLuca for a Free Consultation
Are you trying to find legal advice for a breath test refusal charge in Wall, NJ? Contact Villani & DeLuca for more information about refusal. Call (732) 709-7757 for a free consultation.