You can’t avoid a DUI simply by saying ‘no’ to a breath test. You might actually make things worse by refusing to take a breath test. In New Jersey, you are required by law to participate in a breath test if law enforcement asks you to. Refusing to take breath test will end in a DUI as well as refusal charges, which can be just as sever.
You should not just plead guilty right away to breath test refusal in NJ. Ask a DUI lawyer to help you determine whether procedures were followed during and leading up to your arrest for refusal charges. Any incident or inappropriate action taken by an officer can add to your case. An attorney can argue on your behalf if mitigating circumstances led to you turning down the breath test.
Talk to a DUI attorney to protect you from refusal charges in Berkeley, NJ.
Knowing your rights is nearly as imperative as having an attorney who can explain them to you. Your DWI lawyer can defend your rights for the purpose of getting charges against you dropped.
Probable cause is a critical issue when protecting your rights against refusal charges. Even if you are pulled over for a traffic violation, probable cause needs to be proven by the officer.
In the event of probable cause, breath tests are legally required. You must accept the test if the officer is under the impression that your blood alcohol concentration (BAC) is above the legal limit of 0.08%.
Normal DWI charges can come with penalties that are less severe than refusal charges. Refusal charges may also be harder to challenge than a DWI. But, a qualified attorney can argue against the circumstances of your arrest. If there is a chance ofbeating your charges, a DUI lawyer can help.
A blood test can be used as an alternative to breath tests on certain occasions. If someone is incapable of participating in a breath test for medical reasons, for instance, a blood test may be permitted. Blood tests are also implemented to test for drugs.
Experience is a crucial mechanism in fighting DWI refusal charges. With a multitude of experience under his belt, Carmine Villani, Esq. disputes DWI refusal charges for clients in New Jersey. He has received the same training as officers in NJ receive to check for BAC levels. He understands the proper application of the Dreager Alcotest® and will utilize that information to help your case.
A breath test refusal charge can be added to DWI and DUI charges, creating more expensive penalties. Jail time and a revoked license can come from a breath test refusal conviction. You should have a lawyer who will fight to minimize or beat charges so you do not get stuck with penalties like these.
Penalties and fines resulting from refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
Loss of license for a minimum of seven months and a fine between $300 and $500.
A suspended license for two years in addition to a maximum fine of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Contact Villani & DeLuca for breath test refusal charges that you need to fight in Berkeley, NJ. Criminal defense lawyers from Villani & DeLuca are available all day, every day. Call 732-965-3350 now for a free-of-charge initial consultation.
