Although you may believe that refusing to participate in a breath test is a good idea, it is not part of your rights in NJ. There is implied consent in NJ, meaning that a potentially drunk driver must take a breath test upon request. The penalties of breath test refusal charges can be severe.
Charges for breath test refusal do not necessarily mean that you will be found guilty. DUI lawyers can help you avoid serious penalties for refusal. The events of your arrest and the procedure of the officer who arrested you can help you beat the charges.
Ask for a DWI attorney in Lakewood, NJ today.
Knowing your rights is nearly as important as having an attorney who can elaborate on them. Your DWI lawyer can protect your rights in order to have charges against you dropped.
An officer may stop you for one of many disparate reasons, like running a stop sign or a red light, speaking on your cell phone, speeding, or a brake light malfunction. But, probable cause has to be demonstrated before a breath test can be used.
When officers have a judicious basis for thinking someone is driving while intoxicated, they are legally permitted to use a breath test. It is a bad idea to refuse a breath test. New Jersey implied consent dictates that you have to take a breath test if proper procedure has been recognized.
Normal DUI charges can come with penalties that are not as steep as refusal charges. A refusal charge can even require a stronger legal strategy in order to get results. Your attorney should be able to challenge the arrest itself. With any luck, your New Jersey DWI lawyer can find reasons to argue against your charges and your charges will be dropped or reduced.
A blood test is an alternative to breath tests on certain occasions. Some occasions an officer may choose a blood test include: injuries to the suspect, after a breath test has already been declined, or if the officer suspects drug usage. In New Jersey, turning down a blood test is the same as refusing a breath test.
Your DUI lawyer should have the experience to help you defeat a refusal charge. With years of experience under his belt, Carmine Villani, Esq. fights DUI refusal charges for clients in NJ. Mr. Villani is trained in the protocol that officers use in the field to decide whether someone is operating a vehicle with a blood alcohol concentration over the legal limit. He has been educated in the Dreager Alcotest® and will help you challenge your charges based on any misuse of technology or a lack of procedure that could have taken place during your arrest.
A breath test refusal charge may be added to DWI and DUI charges, making penalties even steeper. Prison time and a revoked license may come from a breath test refusal conviction. You should have a lawyer who will fight to decrease or defeat charges so you don’t get stuck with penalties like these.
Penalties and fines resulting from refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
You may lose your right to operate a vehicle for at least seven months and face fines that reach from $300 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 Lakewood, 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 initial consultation.
