A lot of drivers mistakenly assume that they might be able to escape a drunken driving charge by declining to participate in a breath test or blood test. In fact, the the truth is that it can make additional problems. New Jersey has an implied consent law, that requires all drivers to provide a breath sample upon request by a police officer. When you do not accept a breath test in NJ, not only will an officer arrest you for a DUI, but you will have additional breath test refusal charges.
Just because you were charged with refusal does not mean you will have to undergo the penalties of a guilty verdict. The consequences can be serious, but DUI attorneys are extremely equipped to protect you during a trial. The actions of officers and other law enforcement officials can lead to dismissed or reduced charges.
Talk to a DUI lawyer to defend you from refusal charges in Dover, NJ.
Knowing your rights is nearly as imperative as having a lawyer who can elaborate on them. Fighting to get your charges thrown out is much simpler with the help of a DUI attorney who knows your rights inside and out.
An officer can stop you for a variety of reasons, such as standard moving violations. But, before an officer can request that you take a breath test, he or she is required to establish probable cause.
If probable cause is proven, an officer can ask you to perform a breath test. You have to accept the test if the officer is believes that your blood alcohol concentration (BAC) is past the legal limit of 0.08%.
Normal DWI charges can lead to penalties that are less severe than refusal charges. Refusal charges may also be more difficult to challenge than a DWI. Your lawyer should be able to dispute the arrest itself. If there is potential to beat these charges, a DUI lawyer can help.
Blood tests are frequently used to test someone for substances other than alcohol. 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.
Carmine Villani, Esq. has had experience defending and prosecuting DUIs in NJ. His legal experience representing each side of arrests for driving under the influence gives him credentials that many other defense lawyers in New Jersey lack. He has received training to use the Draeger Alcotest® and the Breathalyzer. In addition, Mr. Villani has received the same training as police 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, making penalties even steeper. Jail sentences and a revoked license may come from a refusal conviction. Your DWI lawyer will work with you to build a defense that works best for you.
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 of at least $300.
You will lose your license for a minimum of two years and have to pay fines of at least $1,000.
A 10-year license suspension and a $1,000 penalty.
Looking for a DUI refusal lawyer to help you get your charges dismissed in Dover, NJ? Contact Villani & DeLuca today. Call 732-965-3350 for a free consultation.
