Refusing to take a breath test if you are suspected of drunk driving is not smart. The implied consent law of NJ means that you have to take a breath test if an officer thinks that you may have been drinking alcohol. Breath test refusal charges can lead to an arrest and serious charges.
You should not just plead guilty right away to breath test refusal in New Jersey. Ask a DUI lawyer to help you discover whether protocol was executed during and before your arrest for refusal charges. Any incident or inappropriate action taken by a police officer can add to your case. A lawyer can argue on your behalf if extenuating conditions led to you refusing to take the breath test.
Ask for a DUI attorney in Lavallette, NJ now.
An attorney with an understanding of your rights pertaining to DWI checkpoints and refusal is vital. Trying to get your charges dropped is much simpler with the help of a DUI attorney who knows your rights thoroughly.
An officer will stop you for many reasons, such as ordinary moving violations. However, before an officer can ask you to take a breath test, he or she has to establish probable cause.
If probable cause is proven, an officer can require that you perform a breath test. 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 much harder to beat than normal DWI and DUI charges. However, a seasoned DWI attorney can find strategies to challenge a NJ refusal charge. A lawyer may challenge your arrest and everything that happened before the arrest, such as your vehicle being pulled over and what led to that decision. An illegal stop of a car can be justification to dispute refusal charges. Your DWI lawyer might also be able to fight the frequently subjective outcome of the Standardized Field Sobriety Test (SFST).
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 the Alcotest® 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.
Carmine Villani, Esq. has had experience defending and prosecuting DWIs in NJ. This rare experience on both sides of DWI law in New Jersey is a helpful piece of background that is not typical of DWI lawyers. Mr. Villani is part of a small group of NJ DUI attorneys trained in both the Draeger Alcotest® and the formerly used Breathalyzer. Additionally, 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).
According to state law, refusing to take a breath test comes with consequences that are in addition to any DWI and DUI consequences. Lawyers from Villani & DeLuca will work with you to fight DWI charges as well as refusal charges in part because of experience. If you have a previous refusal conviction, a second or third one will have more extreme penalties. Consequences for DUI and refusal convictions contain large fines as well as prison time, driver’s license suspension periods and ignition interlock devices.
Penalties and fines associated with refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
Loss of license for a minimum of seven months and a fine between $300 and $500.
Two-year suspension of license in addition to a maximum fine of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Are you trying to find legal advice for a breath test refusal charge in Lavallette, NJ? Contact Villani & DeLuca now. Call 732-965-3350 for a free consultation.
