Many drivers mistakenly assume that they can escape a drunken driving charge by declining to take part in a breath test or blood test. You might actually make your situation worse by refusing to take a breath test. NJ has an implied consent law, that requires all drivers to provide a blood alcohol concentration sample upon request by law enforcement. Refusing to take breath test will end in a DWI in addition to refusal charges, which is just as sever.
You should not just plead guilty right away to breath test refusal in NJ. Contact a qualified DUI attorney to find out if law enforcement followed accurate procedure during your arrest, including probable cause, proper use of equipment, or having the right certification in breath test implementation. Any incident or improper action taken by an officer can help your case. Your attorney might even be able to provide additional refusal explanations, like language issues or medications you were taking.
Defend your rights by consulting a DWI attorney with experience challenging breath test refusals in Barnegat, New Jersey.
An attorney with knowledge of your rights regarding DWI stops and refusal is paramount. Your DWI lawyer can protect your rights for the purpose of getting charges against you reduced.
If law enforcement does not have probable cause to administer a breath test, commencing with the test anyway is an infraction of your rights. Probable cause has to be proven if you have been stopped for your driving.
If a police officer has a sound reason (probable cause) to think that you may be driving a car after consuming alcohol, a breath test may be required. It is a bad idea to decline a breath test. New Jersey implied consent dictates that you have to undergo a breath test if proper procedure has been followed.
The difficulty of fighting a DUI charge is not even close to as hard as fighting a refusal charge in most cases. However, there is still hope with a NJ DUI lawyer in NJ. A lawyer may challenge your arrest and all the events leading to the arrest, such as your car being stopped and what led to that decision. An unlawful stop of a car can be enough to dispute refusal charges. Your DWI attorney may also be able to fight the often subjective results of the Standardized Field Sobriety Test (SFST).
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 sample instead. Some occasions an officer may opt for a blood test include: when the suspect is injured, after a breath test 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.
Carmine Villani, Esq. has had experience defending and prosecuting DUIs in NJ. This unique experience on both sides of DUI law in New Jersey is a beneficial piece of background that is not typical of DWI attorneys. He has had training to use the Draeger Alcotest® as well as the Breathalyzer. Additionally, Mr. Villani has received the same training as law enforcement officers in the areas of Drug Recognition Evaluation (DRE) and Standardized Field Sobriety Testing (SFST).
A breath test refusal charge can be added to DWI and DUI charges, creating more expensive penalties. You could face license revocation, ignition interlock devices and jail time. You need an attorney who will work to decrease or defeat charges so you don’t 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 take part in a breath test is in danger of the following penalties:
You can lose your license for a minimum of seven months and face fines that reach from $300 to $500.
You may lose your license for at least two years and owe fines of a minimum of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Looking for a DUI refusal lawyer to help you get your charges dismissed in Barnegat, New Jersey? Contact Villani & DeLuca for additional information about refusal. Our attorneys are here to help all day long. Ask about a free consultation after you call 732-965-3350!
