You cannot evade a DUI simply by refusing to take part in a breath test. In reality, the opposite is true. New Jersey has an implied consent law, requiring all drivers to give a blood alcohol concentration sample upon request by a police officer. When you do not accept a breath test in NJ, not only will you be arrested for a DUI, but you will have more breath test refusal charges.
Charges for refusal do not necessarily mean that you will be found guilty. The consequences can be steep, but DUI lawyers are extremely equipped to protect you during a trial. The events of your arrest and the procedure of the officer who arrested you can make it easier for you to defeat the charges.
Talk to a DUI lawyer to protect you from refusal charges in Ocean, NJ.
If you are unsure what your rights are, you will have a much harder time challenging refusal charges. A skilled NJ DWI attorney will be able to keep you informed of these rights and assist you in protecting them.
Probable cause is a crucial topic when protecting your rights against refusal charges. Even if you are stopped for a traffic violation, probable cause has to be proven by the officer.
In the event of probable cause, breath tests are legally required. If the officer believed your blood alcohol concentration (BAC) level could be above 0.08%, you would have had to take part in the breath test.
Regular DUI charges can lead to penalties that are not as steep as refusal charges. A refusal charge can even require a stronger legal strategy in order to avoid a conviction. Your lawyer should be able to fight the arrest itself. With any luck, your NJ DWI attorney can find grounds to argue against your charges and your charges will be dropped or reduced.
In some cases, when a breath test is declined or an officer is unable to administer it, the officer may decide to use a blood sample instead. If someone 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.
Your DUI attorney should have the experience to help you defeat a refusal charge. Carmine Villani, Esq. has been fighting refusal charges in NJ for years. He has had the same training as officers in NJ receive to check for BAC levels. He has been trained to use the Dreager Alcotest® and will help you fight your charges based on any mishandling of technology or a lack of procedure that could have taken place during your arrest.
Breath test refusal ramifications do not replace DUI penalties. Instead, you may face the ramifications of DWI as well as refusal. Lawyers from Villani & DeLuca will work with you to fight DWI charges as well as refusal charges in part because of experience. The penalties associated with refusal in New Jersey become even more severe if you have multiple DUI convictions or refusal convictions. Consequences for DWI and refusal convictions contain large fines as well as jail time, license suspension periods and ignition interlock devices.
Penalties and fines due to refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
A suspended license for no less than seven months and a fine between $300 and $500.
You may lose your license for at least two years and owe fines of a minimum of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
If you or someone you care about was charged with breath test refusal in Ocean, contact Villani & DeLuca today. Our lawyers are ready to answer your questions during a free consultation when you call 732-965-3350.
