DWI Lawyers Can Help with West Long Branch NJ Breath Test Refusal Charges
It is not smart to turn down a breath test from law enforcement if you are thought to be driving under the influence. The implied consent law of New Jersey means that you have to take a breath test if a cop believes that you may have had a drink. You will be taken in and faced with charges for refusal if you do not take a breath test.
Just because you were accused of refusal does not mean you will have to experience the consequences of a conviction. DUI lawyers can help you stay away from costly penalties for refusal. The events of your arrest and the procedure of the officer who arrested you can make it easier for you to defeat the charges.
Defend your rights by consulting a DWI law firm with a background dealing with breath test refusals in West Long Branch, New Jersey.
Refusing a Breath Test in West Long Branch, NJ
If you are aware of your rights at the state level, you will have a much better chance of beating charges brought against you in court. With the assistance of a DUI attorney in NJ, you can learn about your rights and how to protect them better.
An officer will stop you for a variety of reasons, such as ordinary moving violations. But, probable cause has to be demonstrated before a breath test can be give.
When law enforcement has a judicious basis for thinking a driver is driving while intoxicated, they are legally allowed to implement a breath test. Generally, it is not smart to refuse a breath test in NJ. New Jersey implied consent dictates that you are required to undergo a breath test if proper process has been followed.
A refusal charge can have more legal consequences than a standard DWI. A refusal charge can even require a stronger defense in order to avoid a conviction. But, a qualified lawyer can dispute the circumstances of your arrest. With any luck, your NJ DWI attorney can find reasons to argue against your charges and your charges will be thrown out or reduced.
Blood Test Refusal
In some instances, when a breath test is refused or an officer is unable to administer it, the officer may choose to use a blood test instead. Some occasions an officer may opt for a blood test include: when the suspect is injured, after the Alcotest® has already been refused, or if the officer suspects drug usage. In New Jersey, turning down a blood test is equal to refusing a breath test.
Turn to a DWI Lawyer with Experience Fighting Refusal Charges
Experience is an important factor in challenging DWI refusal charges. Carmine Villani, Esq. has been working to beat refusal charges in NJ for years. Mr. Villani is educated in the methods that officers use in the field to find out whether someone is operating a vehicle with a BAC above 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 occurred during your arrest.
Breath Test Refusal Penalties
Breath test refusal ramifications do not replace DWI penalties. Instead, you may have to deal with the consequences of DWI as well as refusal. Lawyers from Villani & DeLuca can help you fight DUI charges as well as refusal charges in part because of experience. If you have a previous refusal conviction, another one will have stiffer penalties. Refusal penalties include expensive fines, license suspensions and ignition interlock devices.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), a driver who refuses to take part in a breath test is subjected to the following penalties:
You may lose your license for a minimum of seven months and confront fines that reach from $300 to $500.
A suspended license for two years in addition to a max fine of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Speak with Villani & DeLuca for a Free Consultation
Are you seeking legal advice for a breath test refusal charge in West Long Branch, NJ? Contact Villani & DeLuca now. Our lawyers are ready to help all day long. Ask about a free consultation after you dial 732-965-3350!