Declining to provide a breath sample if you are believed to be intoxicated is not smart. The implied consent law of New Jersey means that you have to take a breath test if a cop believes that you may have been drinking alcohol. Breath test refusal charges can lead to a trip to the police station and serious charges.
Charges for breath test refusal do not always mean that you will be convicted. The consequences can be serious, but DWI lawyers are well equipped to protect you during a trial. The events of your arrest and the protocol of the officer who arrested you can make it easier for you to beat the charges.
Talk to a DUI lawyer to defend you from refusal charges in Long Beach, NJ.
If you know your rights at the state and federal level, you will have a much better opportunity to beat charges brought against you in court. With the guidance 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 protecting 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 required by law. 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%.
A refusal charge can have more legal consequences than a standard DWI. A refusal charge can even necessitate a stronger legal strategy in order to avoid a conviction. Your attorney should be able to dispute the arrest itself. With any luck, your New Jersey DUI attorney can find reasons to challenge your charges and your charges will be thrown out or reduced.
A blood test is an alternative to breath tests on certain occasions. If a person is unable to participate in a breath test for medical reasons, for instance, a blood test can be permitted. Blood tests are also implemented to test for drugs.
Experience is a key mechanism in challenging DUI refusal charges. Carmine Villani, Esq. has been fighting refusal charges in New Jersey for years. Mr. Villani is trained in the methods that officers use in the field to decide whether a person is operating a car with a blood alcohol concentration above the legal limit. He has been trained to use 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 while you were being arrested.
Previous arrests for DWI and refusal will make penalties steeper every time if you do not hire qualified lawyers. You could face license revocation, ignition interlock devices and jail time. Your DWI lawyer will work with you to build 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 driver who refuses to participate in a breath test is subjected to the following penalties:
Loss of license for no less than seven months and a fine of at least $300.
You will lose your license for a minimum of two years and have to pay fines of a minimum 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 Long Beach, NJ. Our lawyers are available to answer your questions during a free consultation if you call 732-965-3350.
