DWI Lawyers Will Defend Your Harvey Cedars NJ Breath Test Refusal Charges
You can't avoid a DWI simply by saying ‘no' to a breath test. In reality, the the truth is that it can make additional problems. In NJ, you are required by law to take a breath test if asked by an officer. Refusing to take breath test will lead to a DWI in addition to breath test refusal, which is just as sever.
Charges for refusal do not necessarily mean that you will be convicted. The consequences can be serious, but DUI lawyers are extremely equipped to protect you during a trial. The circumstances of your arrest and the protocol of the officer who arrested you can help you defeat the charges.
Have one of our breath test refusal lawyers in Harvey Cedars assist you with your charges.
Breath Test Refusal in Harvey Cedars, New Jersey
An attorney with knowledge of your rights regarding DUI stops and refusal is vital. Your DUI lawyer can guard your rights for the purpose of getting charges against you reduced.
Probable cause is a crucial issue when protecting your rights against refusal charges. Even if you are pulled over for a traffic violation, probable cause has to be proven by the officer.
If probable cause is demonstrated, an officer can require that you perform a breath test. If the officer thought your blood alcohol concentration (BAC) level could be above 0.08%, you would have had to take part in the breath test.
Typical DUI charges can lead to penalties that are not as steep as refusal charges. A refusal charge can even require a stronger defense in order to get results. Your lawyer should be able to fight the arrest itself. If there is a chance ofbeating these charges, a DUI lawyer can help.
Blood Test Refusal
In some cases, when a breath test is declined or an officer is unable to conduct it, the officer may choose to use a blood sample instead. Some occasions an officer may choose a blood test include: when the suspect is injured, after a breath test has already been declined, or if there is suspicion of drug usage. In New Jersey, refusing a blood test is equal to refusing a breath test.
Consult a DWI Lawyer with a History of Challenging Refusal Charges
Experience is an important component 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 New Jersey receive to test for BAC levels. He realizes the proper application of the Dreager Alcotest® and will use that knowledge to help your case.
Breath Test Refusal Penalties
According to state law, breath test refusal charges come with consequences that are in addition to any DWI and DUI penalties. This is why you need lawyers who challenge both refusal and DUI charges in New Jersey. The penalties associated with refusal in NJ become even more severe if you have prior DWI convictions or refusal convictions. Consequences for DWI and refusal convictions contain bulky fines as well as jail time, driver's license suspension periods and ignition interlock devices.
Penalties and fines associated with refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
First Offense
You may lose your license for at least seven months and face fines that reach from $300 to $500.
Second Offense
You may lose your license for a minimum of two years and owe fines of at least $1,000.
Third Offense
A 10-year minimum suspension of license and a $1,000 fine.
Speak with Villani & DeLuca for a Complimentary Consultation
Contact Villani & DeLuca for breath test refusal charges that you would like to dispute in Harvey Cedars, NJ. Our lawyers are here to answer your questions during a free consultation when you dial (732) 709-7757.