It is not smart to turn down a breath test from police if you are suspected of driving while intoxicated. The implied consent law of NJ means that you have to take a breath test if a cop thinks that you may have been drinking alcohol. You will be arrested and faced with charges for refusal if you do not take a breath test.
You should not always plead guilty right away to breath test refusal in NJ. Ask a DUI attorney to help you determine whether procedures were followed during and leading up to your arrest for refusal charges. Any incident or improper action taken by a police officer can strengthen your case. An attorney can argue on your behalf if mitigating circumstances led to you refusing to take the breath test.
Defend your rights by consulting a DWI law firm with a background challenging breath test refusals in Island Heights, NJ.
An attorney with knowledge of your rights regarding DWI checkpoints and refusal is paramount. Your DUI attorney can guard your rights for the purpose of getting charges against you reduced.
An officer can stop you for multiple reasons, such as standard moving violations. But, probable cause has to be proven before a breath test can be give.
In the event of probable cause, breath tests are required by law. If the officer thought your blood alcohol concentration (BAC) level was above 0.08%, you would have had to execute the breath test.
The difficulty of fighting a DUI charge is not even close to as difficult as fighting a refusal charge in most circumstances. However, there remains hope with a NJ DWI lawyer in NJ. For instance, your attorney may be able to fight the state based on the legitimacy of your vehicle being stopped. An illegal stop of a car can be enough to dispute refusal charges. Your DUI lawyer may also be able to fight the frequently subjective results of the Standardized Field Sobriety Test (SFST).
A blood test is 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 implemented to test for drugs.
Carmine Villani, Esq. has had experience defending and prosecuting DWIs in NJ. This unique experience on both sides of DWI law in NJ is a beneficial piece of background that is not standard for DUI lawyers. He has received training to operate the Draeger Alcotest® and the Breathalyzer. Mr. Villani is even trained in other DWI detection practices that officers in NJ must be aware of in order to successfully check for symptoms of drunkenness.
According to state law, breath test refusal charges come with consequences that are in addition to any DWI and DUI consequences. This is why you need lawyers who fight both refusal and DWI charges in NJ. If you have a past refusal conviction, another one will have more extreme penalties. Refusal penalties include fines, license suspensions and ignition interlock devices.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), someone who decides he or she will not take part in a breath test is subjected to the following penalties:
A suspended license for a minimum of seven months and a fine of at least $300.
You may lose your license for at least two years and have to pay fines of a minimum of $1,000.
A 10-year license suspension and a $1,000 penalty.
Need a DWI refusal lawyer to help you fight charges in Island Heights, NJ? Get in touch with Villani & DeLuca for more information about refusal. Our lawyers are ready to help 24 hours a day. Ask about a free consultation after you call 732-965-3350!
