DWI Lawyers Can Protect You from Bay Head NJ Breath Test Refusal Charges
You cannot avoid a DUI simply by refusing to take part in a breath test. You can actually make things worse by rejecting a breath test. In New Jersey, you are required by law to participate in a breath test if law enforcement asks you to. Saying “no” to a breath test will result in a DWI as well as breath test refusal, which can be just as sever.
If you have been charged with breath test refusal in NJ, don't immediately plead guilty. Ask a DUI attorney to help you discover whether procedures were followed during and leading up to your arrest for refusal charges. Any incident or improper action taken by an officer can help your case. An attorney can argue on your behalf if mitigating circumstances led to you refusing to take the breath test.
Ask for a DWI lawyer in Bay Head, New Jersey today.
Breath Test Refusal in Bay Head, NJ
An attorney with an understanding of your rights regarding DWI checkpoints and refusal is vital. Trying to get your charges dropped is much simpler with the assistance of a DUI attorney who knows your rights inside and out.
An officer can stop you for one of many disparate reasons, such as going through a stop sign or a red light, speaking on your cell phone, speeding, or a brake light malfunction. But, probable cause has to be demonstrated before a breath test can be administered.
If a police officer has a valid reason (probable cause) to think that you may be driving a car after consuming alcohol, a breath test may be required. Generally, it is not recommended to turn down a breath test in NJ. According to implied consent laws in New Jersey, you must take a breath test if the officer has taken the proper steps and thinks your blood alcohol concentration (BAC) level could be higher than 0.08%.
A refusal charge can result in more negative implications than a standard DWI. A refusal charge can even require a stronger defense in order to get results. But, a qualified lawyer can dispute the events that occurred during arrest. If there is potential to beat these charges, a DUI attorney can help.
Blood Test Refusal
A blood test can be used to test a suspected DUI driver for drugs. An officer is required to have reasonable cause before implementing a blood test as well. NJ laws will treat refusal of a blood test as if it were a breath test.
Turn to a DWI Lawyer with a History of Fighting Refusal Charges
Your DUI attorney needs to have the experience to help you defeat a refusal charge. With a multitude of experience under his belt, Carmine Villani, Esq. disputes DWI refusal charges for clients in NJ. Mr. Villani is trained in the protocol that officers use in the field to ascertain whether a person is operating a car with a blood alcohol concentration above the legal limit. He has been educated in the Dreager Alcotest® and will help you challenge your charges based on any misuse of technology or a lack of process that may have taken place during your arrest.
Breath Test Refusal Penalties
Previous arrests for DWI and refusal will make penalties steeper every time if you don't have the right legal counsel. Jail time and a revoked license may come from a breath test refusal conviction. Your DWI lawyer will work with you to create a strategy that works best for your case.
Penalties and fines due to refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
First Offense
You can lose your right to operate a vehicle 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 minimum suspension of license and a $1,000 fine.
Contact Villani & DeLuca for a Complimentary Consultation
If you or a person you care about was charged with breath test refusal in Bay Head, contact Villani & DeLuca today. Our lawyers are available to respond to your questions during a free consultation when you call (732) 709-7757.