Although you may think that refusing to participate in a breath test is smart, it is not within your rights in New Jersey. There is implied consent in New Jersey, meaning that a suspected intoxicated driver is required to take a breath test when it is requested. Serious consequences can be the result of a breath test refusal.
Charges for refusal do not always mean that you will be found guilty. DWI attorneys can help you evade serious penalties for refusal. The circumstances of your arrest and the protocol of the cop who arrested you can make it easier for you to beat the charges.
Ask for a DWI attorney in Point Pleasant, New Jersey today.
Knowing your rights is almost as important as having an attorney who can explain them to you. Trying to have your charges dropped is a lot simpler with the help of a DWI attorney who knows your rights inside and out.
If an officer does not have probable cause to administer a breath test, commencing with the test anyway is a breach of your rights. Probable cause has to be demonstrated if you have been pulled over for your driving.
When law enforcement has a judicious foundation for believing someone is driving while intoxicated, they are legally permitted to use a breath test. Generally, it is not in your best interest to refuse a breath test in New Jersey. New Jersey implied consent states that you have to take a breath test if proper procedure has been followed.
Refusal charges are a lot more difficult to beat than typical DWI and driving under the influence charges. But, there is still hope with a NJ DUI attorney in New Jersey. For instance, your attorney may be able to fight the state based on the legality of your vehicle being pulled over. If you were not stopped for valid reasons, your charges may be thrown out. Your DUI attorney may also be able to fight the frequently subjective outcome of the Standardized Field Sobriety Test (SFST).
A blood test may be used to test a suspected DUI driver for drugs. Reasonable cause has to exist for an officer to give someone a blood test, much in the same way as when a breath test is implemented. NJ laws will treat refusal of a blood test as if it were a breath test.
Experience is a crucial factor in challenging DUI refusal charges. Carmine Villani, Esq. has been challenging refusal charges in New Jersey for years. Mr. Villani is educated in the methods that officers use in the field to ascertain whether a driver is operating a vehicle with a BAC above the legal limit. He has been trained to use the Dreager Alcotest® and will help you challenge your charges based on any misuse of technology or a lack of process that could have occurred during your arrest.
Previous convictions for DUI and refusal will make penalties steeper each time if you do not have the right legal counsel. You could have your license revoked, ignition interlock devices and prison time. Your DWI lawyer will work with you to build a strategy that works best for you.
Penalties and fines resulting from refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
You may lose your license for at least seven months and confront fines that reach from $300 to $500.
Two-year loss of license in addition to a maximum fine of $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Contact Villani & DeLuca for breath test refusal charges that you would like to fight in Point Pleasant, NJ. Criminal defense attorneys from Villani & DeLuca are available 24 hours a day, 7 days a week. Pick up the phone and dial 732-965-3350 any time for a free-of-charge initial consultation.
