Many drivers mistakenly believe that they might be able to escape a driving while intoxicated charge by refusing to take a breath test or blood test. Actually, the opposite is true. NJ has an implied consent law, which necessitates all drivers to provide a breath sample upon request by a police officer. When you do not take a breath test in NJ, not only will you be arrested for a DWI, but you will have additional breath test refusal charges.
You should not always plead guilty right away to breath test refusal in NJ. Ask a DUI lawyer to help you determine whether procedures were followed during and before your arrest for refusal charges. Any incident or improper action taken by law enforcement officials can help your case. Your attorney might even be able to provide alternative refusal explanations, like language issues or medications you were taking.
Have a DWI attorney help you with refusal charges in Eagleswood, NJ now.
Knowing your rights is nearly as imperative as having an attorney who can explain them to you. Your DUI lawyer can guard your rights in order to have charges against you reduced.
An officer can pull you over for multiple reasons, such as standard moving violations. But, probable cause must be proven before a breath test can be used.
If probable cause is established, an officer can require that you perform a breath test. You have to take the test if the officer is under the impression that your blood alcohol concentration (BAC) is higher than the legal limit of 0.08%.
A refusal charge can cause more negative implications than a standard DWI. Refusal charges may even be more difficult to challenge than a DUI. Your lawyer should be able to challenge the arrest itself. If there is potential to beat these charges, a DUI attorney can help.
A blood test is an alternative to breath tests on certain occasions. If someone is not able to take part in a breath test for medical reasons, for instance, a blood test may occur. Blood tests are also used to test for drugs.
Experience is a crucial mechanism in challenging DUI refusal charges. Carmine Villani, Esq. has been fighting refusal charges in New Jersey for years. Mr. Villani is trained in the methods that officers use in the field to decide whether someone is operating a car with a blood alcohol concentration over the legal limit. He realizes the correct implementation of the Dreager Alcotest® and will use that knowledge to help your case.
A breath test refusal charge may be added to DWI and DUI charges, making penalties even steeper. Jail sentences and a revoked license may come from a breath test refusal conviction. Your DWI lawyer will work with you to build a plan that works best for you.
Penalties and fines resulting from refusal in NJ (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 max fine of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Looking for a DWI refusal lawyer to help you get your charges dismissed in Eagleswood, New Jersey? Get in touch with Villani & DeLuca for more information about refusal. Our lawyers are here to help 24 hours a day. Ask about a free consultation after you dial 732-965-3350!
