DWI Lawyers Can Defend Your Manchester NJ Breath Test Refusal Charges
You don’t have the right to refuse a breath test request from law enforcement in New Jersey. The implied consent law in New Jersey means that you have to participate in a breath test if you are suspected of drunk driving. The penalties of breath test refusal charges can be severe.
Just because you were charged with refusal does not mean you will have to undergo the consequences of a guilty verdict. DUI attorneys can help you evade serious penalties for refusal. The circumstances of your arrest and the procedure of the cop who arrested you can help you defeat the charges.
Have a DUI attorney help you with refusal charges in Manchester, New Jersey now.
Refusing a Breath Test in Manchester, New Jersey
If you know your rights at the state and federal level, you will have a much better chance of beating charges brought against you in court. A skilled NJ DWI attorney will be able to keep you informed of these rights and make it easier for you to protect them.
An officer can pull you over for one of many unrelated reasons, like running a stop sign or a red light, talking on your cell phone, speeding, or a brake light malfunction. However, before an officer may request that you take a breath test, he or she has to ascertain probable cause.
When officers have a judicious foundation for believing a driver is driving under the influence, they are legitimately permitted to perform a breath test. Generally, it is not smart to turn down a breath test in NJ. According to implied consent laws in New Jersey, you must take a breath test if the officer has taken the proper steps and believes your blood alcohol concentration (BAC) level could be above 0.08%.
A refusal charge can have more negative implications than a standard DUI. A refusal charge can even require a stronger defense in order to avoid a conviction. Your attorney should be able to challenge the arrest itself. With any luck, your New Jersey DUI attorney can find reasons to dispute your charges and your charges will be dropped or reduced.
Blood Test Refusal
In some cases, when a breath test is refused or an officer is unable to administer it, the officer may choose to use a blood test instead. Some instances an officer may go with a blood test include: injuries to the suspect, after the Alcotest® has already been refused, or if the officer suspects drug usage. In the eyes of NJ law, turning down a blood test is the same as turning down a breath test.
Turn to a DWI Lawyer with Experience Challenging Refusal Charges
Experience is an important component in disputing DUI refusal charges. With years of experience under his belt, Carmine Villani, Esq. disputes DUI refusal charges for clients in NJ. He has received the same training as officers in NJ receive to check for BAC levels. He knows the proper application of the Dreager Alcotest® and will use that information to prove your case.
Breath Test Refusal Penalties
Breath test refusal ramifications do not replace DUI penalties. Instead, you may face the consequences of DUI in addition to refusal. Attorneys from Villani & DeLuca will work with you to fight DWI charges as well as refusal charges thanks to years of experience. If you have a previous refusal conviction, another one will have more extreme penalties. Consequences for DUI and refusal convictions comprise large fines as well as prison time, driver’s license suspension periods and ignition interlock devices.
According to the New Jersey Refusal Law N.J.S.A. 39:4-50.4(a), someone who refuses to participate in a breath test is in danger of the following penalties:
You may lose your license for at least seven months and confront fines that reach from $300 to $500.
You may lose your license for at least two years and owe fines of at least $1,000.
A 10-year minimum suspension of license and a $1,000 fine.
Contact Villani & DeLuca for a Complimentary Consultation
If you or someone you care about was charged with refusing a breath test in Manchester, contact Villani & DeLuca today. Our attorneys are available to respond to your questions during a free consultation when you call 732-965-3350.