DWI Lawyers Can Protect You from Brick NJ Breath Test Refusal Charges
A lot of people mistakenly assume that they can escape a driving while intoxicated charge by refusing to participate in a breath test or blood test. You can actually make matters worse by refusing to take a breath test. In New Jersey, you are required by law to take a breath test if asked by an officer. Saying “no” to a breath test will lead to a DUI in addition to refusal charges, which can be just as sever.
If you have been charged with breath test refusal in New Jersey, don't automatically admit to anything. Contact a knowledgeable DUI attorney to find out if law enforcement followed accurate procedure during your arrest, including probable cause, proper use of equipment, or having the proper certification in breath test implementation. How law enforcement handled the application of your breath test, or the events prior to breath test refusal, can lead to charges being drastically reduced or even dropped. Your attorney may even be able to mention alternative refusal explanations, like language issues or medical issues.
Speak to a DWI attorney to protect you from refusal charges in Brick, NJ.
Breath Test Refusal in Brick, New Jersey
Knowing your rights is almost as imperative as having an attorney who can explain them to you. Fighting to get your charges dropped is a lot easier with the help of a DUI attorney who knows your rights inside and out.
If law enforcement has not proven probable cause to give a breath test, commencing with the test anyway is an infraction of your rights. Even if you are pulled over for a traffic violation, probable cause has to be proven by the officer.
When law enforcement has a reasonable basis for thinking a driver is driving while intoxicated, they are legally permitted to use a breath test. It is a bad idea to decline a breath test. New Jersey implied consent dictates that you are required to take a breath test if proper process has been followed.
Refusal charges are a lot harder to beat than normal DWI and DUI charges. But, an experienced DUI lawyer can introduce strategies to challenge a New Jersey refusal charge. A lawyer may argue your arrest and everything that happened before the arrest, like your vehicle being stopped and what led to that decision. If you were not pulled over for legitimate reasons, your charges could be thrown out. Your DWI lawyer may also be able to challenge the frequently subjective outcome of the Standardized Field Sobriety Test (SFST).
Blood Test Refusal
A blood test can be used as an alternative to breath tests on certain occasions. If a person is incapable of participating in a breath test for medical reasons, for instance, a blood test can occur. Blood tests are also used to test for drugs.
Consult a DWI Lawyer with Experience Fighting Refusal Charges
Carmine Villani, Esq. has had experience defending and prosecuting DWIs in NJ. This rare experience on both sides of DWI law in New Jersey is a beneficial piece of background that is not standard for DUI attorneys. Mr. Villani is one of a small group of NJ DWI lawyers trained in both the Draeger Alcotest® and the previously used Breathalyzer. In addition, Mr. Villani has been given the same training as police officers in the areas of Drug Recognition Evaluation (DRE) and Standardized Field Sobriety Testing (SFST).
Breath Test Refusal Penalties
Former arrests for DUI and refusal will make penalties steeper each time if you don't hire the right legal counsel. Jail time and a revoked license may come from a breath test refusal conviction. Your DUI attorney will work with you to create a strategy that works best for you.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), a person who refuses to take part in a breath test is subjected to the following penalties:
First Offense
You can lose your right to operate a vehicle for at least seven months and confront fines that reach from $300 to $500.
Second Offense
You may lose your license for at least two years and owe fines of a minimum of $1,000.
Third Offense
A 10-year minimum suspension of license and a $1,000 fine.
Speak with Villani & DeLuca for a Complimentary Consultation
Are you seeking legal advice for a breath test refusal charge in Brick, NJ? Contact Villani & DeLuca now. Call (732) 709-7757 for a free consultation.