Although you may believe that turning down a breath test is a good idea, it is not within your rights in New Jersey. There is implied consent in NJ, meaning that a potentially intoxicated driver must take a breath test when it is requested. Serious penalties can come from a breath test refusal.
Just because you were accused of refusal does not mean that you will be convicted. The consequences can be serious, but DUI attorneys are extremely equipped to protect you during a trial. The circumstances of your arrest and the protocol of the cop who arrested you can help you defeat the charges.
Defend your rights by asking the advice of a DWI law firm with experience challenging breath test refusals in Pine Beach, NJ.
An attorney with knowledge of your rights regarding DWI stops and refusal is paramount. Fighting to get your charges dropped is much easier with the help of a DWI attorney who understands your rights inside and out.
If law enforcement has not proven probable cause to give a breath test, initiating the test anyway is a violation of your rights. Probable cause needs to be proven if you are pulled over for your driving.
In the event of probable cause, breath tests are legally required. If the officer thought your blood alcohol concentration (BAC) level could be above 0.08%, you would have had to take part in the breath test.
The process of fighting a DWI charge is not nearly as difficult as fighting a refusal charge in many cases. However, an experienced DUI attorney can find ways to challenge a New Jersey refusal charge. An attorney can argue your arrest and everything that happened before the arrest, such as your vehicle being pulled over and what led to that decision. An unlawful stop of a vehicle can be enough to dispute refusal charges. Your DWI attorney may also be able to challenge 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 a breath test has already been declined, or if there is suspicion of drug usage. In New Jersey, turning down a blood test is the same as turning down a breath test.
Carmine Villani, Esq. has had experience defending and prosecuting DUIs in NJ. This unique experience on both sides of DUI law in NJ is a helpful piece of background that is not typical of DWI attorneys. Mr. Villani is part of a select number of NJ DWI attorneys trained in both the Draeger Alcotest® and the previously used Breathalyzer. Mr. Villani is even trained in other DWI recognition procedures that officers in New Jersey must know in order to successfully test for symptoms of alcohol.
According to state law, breath test refusal charges come with penalties that are in addition to any DWI and DUI consequences. Lawyers from Villani & DeLuca can help you fight DWI charges as well as refusal charges thanks to years of experience. If you have a previous refusal conviction, a second or third one will have more extreme penalties. Refusal penalties include fines, license suspensions and ignition interlock devices.
Penalties and fines due to 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.
A suspended license for two years in addition to a max fine of $1,000.
A 10-year license suspension and a $1,000 fine.
Are you searching for legal advice for a breath test refusal charge in Pine Beach, NJ? Contact Villani & DeLuca today. Our attorneys are ready to help all day long. Inquire about a free consultation when you dial 732-965-3350!
