DWI Lawyers Will Protect You from Little Egg Harbor NJ Breath Test Refusal Charges
A lot of drivers incorrectly believe that they can escape a driving while intoxicated charge by refusing to take part in a breath test or blood test. Actually, the opposite is true. New Jersey has an implied consent law, requiring all drivers to provide a breath sample upon request by law enforcement. When you refuse to take a breath test in NJ, not only will you be arrested for a DUI, but you will face more breath test refusal charges.
Just because you were accused of refusal does not mean that you will be convicted. DUI lawyers can help you stay away from costly penalties for refusal. The actions of officers and other law enforcement officials can lead to dismissed or reduced charges.
Have a DWI lawyer help you with refusal charges in Little Egg Harbor, NJ now.
Refusing a Breath Test in Little Egg Harbor, NJ
Knowing your rights is nearly as important as having a lawyer who can explain them to you. Your DWI lawyer can protect your rights in order to have charges against you dropped.
Probable cause is an essential topic when defending your rights against refusal charges. Probable cause needs to be established if you have been pulled over for your driving.
If probable cause is established, an officer may require that you perform a breath test. You must take the test if the officer is believes that your blood alcohol concentration (BAC) is past the legal limit of 0.08%.
Normal DWI charges can lead to penalties that are less severe than refusal charges. Refusal charges may also be harder to challenge than a DWI. But, a qualified lawyer can dispute the circumstances of your arrest. With any luck, your NJ DUI attorney can find reasons to argue against your charges and your charges will be thrown out or reduced.
Blood Test Refusal
Blood tests are frequently used to test someone for substances other than alcohol. Reasonable cause must exist for an officer to give someone a blood test, much in the same way as when a breath test is used. Refusal charges concern blood tests and breath tests.
Turn to a DWI Lawyer with a History of Defending Refusal Charges
Experience is an important mechanism in challenging DWI refusal charges. Carmine Villani, Esq. has been working to beat refusal charges in New Jersey for years. He has received the same training that officers in NJ receive to check for BAC levels. He has been educated in the Dreager Alcotest® and will help you fight your charges based on any mishandling of technology or a lack of procedure that may have occurred during your arrest.
Penalties for Breath Test Refusals
Previous arrests for DUI and refusal will make penalties steeper each time if you do not hire qualified legal counsel. Prison sentences and a revoked license may come from a breath test refusal conviction. Your DWI lawyer will work with you to create a defense that works best for your case.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), a person who refuses to participate in a breath test is subjected to the following penalties:
You may lose your license for at least seven months and face 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 minimum suspension of license and a $1,000 penalty.
Speak with Villani & DeLuca for a Complimentary Consultation
If you or someone you care about was charged with breath test refusal in Little Egg Harbor, contact Villani & DeLuca today. Our lawyers are available to respond to your questions during a free consultation if you call 732-965-3350.