Refusing to provide a breath sample if you are believed to be intoxicated is not smart. New Jersey’s implied consent law means that anyone who gets pulled over for suspicion of drunk driving has to participate in a breath test. Breath test refusal charges will lead to a trip to the police station and serious charges.
Charges for refusal do not necessarily mean that you will be found guilty. DUI attorneys 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.
Speak to a DUI lawyer to defend you from refusal charges in Plumsted, NJ.
If you are unsure what your rights are, you will have a more difficult time fighting refusal charges. A skilled New Jersey DWI attorney will be able to keep you informed of these rights and assist you in protecting them.
Probable cause is an essential topic when defending 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 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.
The difficulty of fighting a DUI charge is not nearly as hard as fighting a refusal charge in many circumstances. But, a seasoned DUI lawyer can introduce strategies to challenge a New Jersey refusal charge. For example, your attorney may be able to challenge the state based on the validity of your vehicle being stopped. If you were not pulled over for legitimate reasons, your charges could be thrown out. The legitimacy of a Standardized Field Sobriety Test can also be argued.
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 occasions an officer may opt for 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 the eyes of NJ law, turning down a blood test is equal to turning down a breath test.
Carmine Villani, Esq., a founding member of Villani & DeLuca, P.C., has familiarity prosecuting and defending DUIs in New Jersey. This rare experience on both sides of DUI law in New Jersey is a helpful piece of background that is not typical of DUI lawyers. Mr. Villani is part of a small group of NJ DUI lawyers trained in both the Draeger Alcotest® and the previously used Breathalyzer. In addition, Mr. Villani has received the same training as law enforcement officers in the areas of Drug Recognition Evaluation (DRE) and Standardized Field Sobriety Testing (SFST).
According to state law, refusing to take a breath test comes with penalties that are in addition to any DWI and DUI consequences. Lawyers from Villani & DeLuca will work with you to fight DUI charges as well as refusal charges thanks to years of experience. If you have a past refusal conviction, a second or third one will have stiffer penalties. Consequences for DUI and refusal convictions comprise large fines as well as jail time, driver’s license suspension periods 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:
A suspended license for no less than seven months and a fine up to $500.
You may lose your license for at least two years and owe fines of at least $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Are you looking for legal advice for a breath test refusal charge in Plumsted, NJ? Get in touch with Villani & DeLuca for additional information about refusal. Our lawyers are ready to help 24 hours a day. Ask about a free consultation after you dial 732-965-3350!
