A lot of drivers mistakenly think that they can elude a drunk driving charge by declining to take a breath test or blood test. In reality, the the truth is that it can lead to additional issues. In New Jersey, you are required by law to participate in a breath test if law enforcement asks you to. When you do not accept a breath test in NJ, not only will an officer arrest you for a DUI, but you will face more breath test refusal charges.
Charges for refusal do not always mean that you will be convicted. DUI attorneys can help you evade serious penalties for refusal. The actions of officers and other law enforcement officials can lead to dismissed or reduced charges.
Protect your rights by speaking to a DWI lawyer with a background challenging breath test refusals in Lakehurst, NJ.
Knowing your rights is nearly as important as having a lawyer who can elaborate on them. Fighting to get your charges thrown out is a lot simpler with the help of a DWI lawyer who understands your rights thoroughly.
If law enforcement has not proven probable cause to administer a breath test, initiating the test anyway is a violation of your rights. Even if you are pulled over for a traffic violation, probable cause has to be proven by the officer.
In the event of probable cause, breath tests are legally required. If the officer thought your blood alcohol concentration (BAC) level could be more than 0.08%, you would have had to take part in the breath test.
Refusal charges are a lot harder to beat than typical DWI and driving under the influence charges. However, there remains hope with a New Jersey DUI lawyer in NJ. For example, your attorney may be able to challenge the state based on the validity of your vehicle being pulled over. An illegal stop of a car can be enough to fight refusal charges. The legality of a Standardized Field Sobriety Test can also be fought.
A blood test can be used as an alternative to breath tests on certain occasions. Some instances an officer may go with a blood test include: injuries to the suspect, after a breath test has already been declined, or if the officer suspects drug usage. In the eyes of NJ law, turning down a blood test is equal to refusing a breath test.
Carmine Villani, Esq. has had experience defending and prosecuting DWIs in New Jersey. His legal experience representing each side of arrests for driving under the influence gives him credentials that many other defense lawyers in New Jersey lack. Mr. Villani is one of a select number of NJ DUI attorneys trained in both the Draeger Alcotest® and the previously used Breathalyzer. Additionally, Mr. Villani has received the same training as police officers in the areas of Drug Recognition Evaluation (DRE) and Standardized Field Sobriety Testing (SFST).
According to state law, refusing to take a breath test comes with consequences that are in addition to any DWI and DUI penalties. This is why you should hire lawyers who fight both refusal and DWI charges in NJ. If you have a previous refusal conviction, another one will have stiffer penalties. Refusal penalties include expensive fines, license suspensions and ignition interlock devices.
Penalties and fines resulting from refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
Loss of license for no less than seven months and a fine up to $500.
Two-year loss of license in addition to a max fine of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Contact Villani & DeLuca for breath test refusal charges that you need to fight in Lakehurst, NJ. Criminal defense lawyers from Villani & DeLuca are available all day, every day. Pick up the phone and dial 732-965-3350 any time for a free-of-charge initial consultation.
