Refusing to provide a breath sample if you are suspected of drunk driving is not smart. New Jersey’s implied consent law means that a driver who has been stopped for suspicion of driving while drunk has to participate in a breath test. You will be taken in and charged with refusal if you do not take a breath test.
Charges for breath test refusal do not necessarily mean that you will be convicted. DWI attorneys can help you stay away from serious penalties for refusal. The actions of officers and other law enforcement officials can lead to dropped or reduced charges.
Have a DWI lawyer assist you with refusal charges in Lacey, New Jersey now.
If you know your rights at the state and federal level, you will have a clearer opportunity to beat charges brought against you in court. With the assistance of a DWI lawyer in New Jersey, you can learn about your rights and how to ensure they are not infringed upon.
Probable cause is a crucial topic when defending your rights against refusal charges. Even if you are stopped for a traffic violation, probable cause needs to be proven by the officer.
In the event of probable cause, breath tests are legally required. If the officer believed your blood alcohol concentration (BAC) level was above 0.08%, you would have had to take part in the breath test.
Regular DUI charges can lead to penalties that are not as steep as refusal charges. A refusal charge can even necessitate a stronger defense in order to avoid a conviction. However, an experienced attorney can dispute the events that occurred during arrest. With any luck, your NJ DWI attorney can find reasons to dispute your charges and your charges will be thrown out or reduced.
In some cases, when a breath test is refused or an officer is unable to administer it, the officer may decide to use a blood sample instead. Some instances an officer may choose a blood test include: injuries to the suspect, after the Alcotest® has already been declined, or if there is suspicion of drug usage. In New Jersey, refusing a blood test is equal to turning down a breath test.
Carmine Villani, Esq. has had experience defending and prosecuting DWIs in New Jersey. This unique experience on both sides of DUI law in New Jersey is a beneficial piece of background that is not typical of DUI lawyers. He has had training to operate the Draeger Alcotest® as well as the Breathalyzer. Mr. Villani is also trained in other DUI detection procedures that officers in NJ must know in order to properly test for symptoms of alcohol.
A breath test refusal charge can be added to DWI and DUI charges, creating more expensive penalties. Prison sentences and a revoked license can come from a refusal conviction. You should have a lawyer who will battle to decrease or beat charges so you do not receive penalties like these.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), someone who refuses to participate in a breath test is in danger of the following penalties:
You can lose your right to operate a vehicle for at least seven months and confront fines that reach from $300 to $500.
A suspended license for two years in addition to a maximum fine of $1,000.
A 10-year license suspension and a $1,000 penalty.
Contact Villani & DeLuca for breath test refusal charges that you need to fight in Lacey, New Jersey. Our lawyers are here to respond to your questions during a free consultation if you dial 732-965-3350.
