DWI Lawyers Will Protect You from Point Pleasant Beach NJ Breath Test Refusal Charges
You can't avoid a DWI simply by saying ‘no' to a breath test. You might actually make your situation worse by refusing to take a breath test. New Jersey has an implied consent law, which necessitates all suspected drunk drivers to provide a breath sample upon request by law enforcement. Saying “no” to a breath test will end in a DWI as well as breath test refusal, which is just as bad.
Just because you were charged with refusal does not mean that you will be convicted. DWI lawyers can help you avoid serious penalties for refusal. The actions of officers and other law enforcement officials can lead to dismissed or reduced charges.
Talk to a DWI lawyer to defend you from refusal charges in Point Pleasant Beach, NJ.
Refusing a Breath Test in Point Pleasant Beach, New Jersey
Knowing your rights is almost as imperative as having an attorney who can explain them to you. Trying to have your charges dropped is much easier with the assistance of a DWI lawyer who understands your rights inside and out.
Probable cause is a critical topic when protecting your rights against refusal charges. Even if you are pulled over for a traffic violation, probable cause has to be proven by the officer.
If probable cause is proven, an officer may require that you perform a breath test. If the officer believed your blood alcohol concentration (BAC) level could be more than 0.08%, you would have had to participate in the breath test.
Refusal charges are a lot harder to beat than normal DWI and DUI charges. But, a seasoned DUI lawyer can introduce strategies to challenge a New Jersey refusal charge. A lawyer may challenge your arrest and everything leading to the arrest, like your car being pulled over and if it was legal. An illegal stop of a vehicle can be enough to dispute refusal charges. Your DUI lawyer might also be able to fight the frequently subjective outcome of the Standardized Field Sobriety Test (SFST).
Blood Test Refusal
A blood test may be used to test a suspected DUI driver for drugs. An officer is required to have reasonable cause before implementing a blood test as well. Refusal charges apply to blood tests as well as breath tests.
Turn to a DWI Lawyer with Experience Defending Refusal Charges
Experience is an important component in fighting DUI refusal charges. Carmine Villani, Esq. has been working to beat refusal charges in NJ for years. Mr. Villani is trained in the methods that officers use in the field to decide whether a person is operating a vehicle with a BAC above the legal limit. He knows the proper implementation of the Dreager Alcotest® and will use that information to help your case.
Penalties for Breath Test Refusals
A breath test refusal charge can be added to DWI and DUI charges, making penalties even steeper. Jail sentences and a revoked license may come from a refusal conviction. Your DUI lawyer will work with you to build a plan that works best for your case.
Penalties and fines resulting from refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
First Offense
You can lose your license for a minimum of seven months and confront fines that reach from $300 to $500.
Second Offense
You will lose your license for a minimum of two years and have to pay fines of at least $1,000.
Third Offense
Loss of license for 10 years and a mandatory fine of $1,000.
Contact Villani & DeLuca for a No Risk Consultation
Need a DWI refusal lawyer to help you fight charges in Point Pleasant Beach, New Jersey? Contact Villani & DeLuca for additional information about refusal. Our lawyers are ready to help all day long. Inquire about a free consultation when you call (732) 709-7757!