You don’t have the right to refuse a breath test request from a police officer in New Jersey. There is implied consent in New Jersey, meaning that a potentially drunk driver must take a breath test upon request. The consequences of breath test refusal charges are not mild.
You should not just plead guilty right away to breath test refusal in New Jersey. Contact an experienced DWI attorney to make sure police followed accurate procedure during your arrest, including probable cause, the handling of equipment, or having the right certification in breath test administration. How law enforcement handled the execution of your breath test, or the events prior to breath test refusal, can lead to charges being notably lessened or even dropped. Your lawyer might even be able to provide alternative refusal explanations, such as translation barriers or medications you were taking.
Speak to a DWI attorney to defend you from refusal charges in Beachwood, NJ.
If you are aware of your rights at the state level, you will have a much better opportunity to beat charges brought against you in court. With the assistance of a DUI lawyer in NJ, you can learn about your rights and how to ensure they are not infringed upon.
Probable cause is a critical topic when protecting your rights against refusal charges. Probable cause needs to be proven if you are pulled over for your driving.
When law enforcement has a reasonable basis for believing someone is driving while intoxicated, they are legally permitted to use a breath test. It is not usually a good idea to refuse a breath test. According to implied consent laws in NJ, you must accept a breath test if an officer has followed procedure and believes your blood alcohol concentration (BAC) level could be above 0.08%.
Regular DUI charges can lead to penalties that are not as steep as refusal charges. A refusal charge can even require a stronger legal strategy in order to get results. However, a qualified attorney can argue against the events that occurred during arrest. With any luck, your NJ DUI attorney can find grounds to challenge your charges and your charges will be dropped or reduced.
In some instances, when a breath test is refused or an officer is unable to conduct it, the officer may choose to use a blood test instead. Some instances an officer may choose a blood test include: when the suspect is injured, after the Alcotest® has already been refused, or if the officer suspects drug usage. In the eyes of NJ law, refusing a blood test is equal to turning down a breath test.
Experience is a crucial factor in fighting DUI refusal charges. With years of experience under his belt, Carmine Villani, Esq. fights DUI refusal charges for clients in NJ. He has had the same training that officers in NJ receive to test for drunk driving. He has been trained to use the Dreager Alcotest® and will help you fight your charges based on any mishandling of technology or a lack of process that may have occurred while you were being arrested.
Breath test refusal penalties do not replace DWI penalties. Instead, you may face the ramifications of DUI as well as refusal. This is why you need attorneys who challenge both refusal and DUI charges in NJ. If you have a previous refusal conviction, a second or third one will have steeper penalties. Refusal penalties include fines, license suspensions and ignition interlock devices.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), a person who decides he or she will not participate in a breath test is in danger of the following penalties:
You may lose your right to operate a vehicle for a minimum of seven months and confront fines that reach from $300 to $500.
You will lose your license for a minimum of two years and have to pay fines of a minimum of $1,000.
A 10-year license suspension and a $1,000 fine.
Looking for a DWI refusal attorney to help you fight charges in Beachwood, NJ? Contact Villani & DeLuca for more information about refusal. Our attorneys are here to assist 24 hours a day. Inquire about a free consultation when you call 732-965-3350!
