DWI Lawyers Can Help with Jackson NJ Breath Test Refusal Charges
A lot of people incorrectly think that they might be able to avoid a driving while intoxicated charge by declining to take part in a breath test or blood test. You can actually make your situation worse by refusing to take a breath test. NJ has an implied consent law, that requires all drivers to provide a blood alcohol concentration sample upon request by a police officer. When you refuse to accept a breath test in NJ, not only will you be arrested for a DUI, but you will have more breath test refusal charges.
If you have been charged with breath test refusal in NJ, don't automatically plead guilty. Ask a DWI attorney to help you discover whether protocol was followed during and leading up to your arrest for refusal charges. Any incident or inappropriate action taken by law enforcement officials can strengthen your case. Your lawyer might even be able to provide additional refusal explanations, such as translation barriers or medications you were taking.
Protect your rights by asking the advice of a DWI attorney with experience challenging breath test refusals in Jackson, NJ.
Breath Test Refusal in Jackson, NJ
Knowing your rights is nearly as imperative as having an attorney who can explain them to you. Fighting to get your charges dropped is much simpler with the help of a DWI lawyer who knows your rights inside and out.
An officer will pull you over for multiple reasons, such as ordinary moving violations. But, before an officer can ask you to take a breath test, he or she has to ascertain probable cause.
In the event of probable cause, breath tests are required by law. 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%.
Refusal charges are a lot harder to beat than typical DWI and DUI charges. But, there remains hope with a New Jersey DUI attorney in NJ. An attorney may argue your arrest and all the events leading to the arrest, such as your car being stopped and whether it was legal. If you were not stopped for legitimate reasons, your charges can be thrown out. Your DWI attorney may also be able to fight the often subjective results of the Standardized Field Sobriety Test (SFST).
Blood Test Refusal
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 can be permitted. Blood tests are also implemented to test for drugs.
Consult a DWI Lawyer with a History of Fighting Refusal Charges
Carmine Villani, Esq. has had experience defending and prosecuting DUIs in NJ. His experience representing both sides of arrests for driving under the influence gives him credentials that many other defense lawyers in New Jersey lack. He has had training to operate the Draeger Alcotest® as well as the 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
Previous convictions for DUI and refusal will make penalties steeper each time if you don't have the right legal counsel. You could have your license revoked, ignition interlock devices and jail time. Your DUI attorney will work with you to build a strategy that works best for your case.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), someone who refuses to take part in a breath test is in danger of the following penalties:
A suspended license for no less than seven months and a fine between $300 and $500.
A suspended license for two years in addition to a max fine of $1,000.
A 10-year license suspension and a $1,000 penalty.
Contact Villani & DeLuca for a Free Consultation
If you or someone you care about was charged with refusing a breath test in Jackson, contact Villani & DeLuca today. Criminal defense lawyers from Villani & DeLuca are available all day, every day. Pick up the phone and dial (732) 709-7757 now for a free-of-charge initial consultation.