Breath Test Refusal Lawyers in Seaside Heights NJ

DWI Lawyers Can Defend Your Seaside Heights NJ Breath Test Refusal Charges

Refusing to take a breath test if you are suspected of drunk driving is not smart. The implied consent law of New Jersey means that you have to take a breath test if a cop thinks that you may have been drinking alcohol. You will be taken in and faced with charges for refusal if you turn down a breath test.

Just because you were accused of refusal does not mean you will have to suffer the penalties of a guilty verdict. DWI attorneys can help you avoid serious penalties for refusal. The actions of officers and other law enforcement officials can lead to dismissed or reduced charges.

Have a DWI attorney help you with refusal charges in Seaside Heights, NJ now.

Refusing a Breath Test in Seaside Heights, NJ

An attorney with knowledge of your rights regarding DWI stops and refusal is paramount. Your DWI lawyer can guard your rights in order to have charges against you reduced.

An officer can pull you over for one of many unrelated infractions, like running a stop sign or a red light, speaking on your cell phone, speeding, or a broken brake light. But, before an officer may request that you take a breath test, he or she is required to establish probable cause.

When law enforcement has a judicious foundation for thinking a driver is driving under the influence, they are legitimately permitted to perform a breath test. Generally, it is not smart to refuse a breath test in NJ. According to implied consent laws in NJ, you are required to accept a breath test if the officer has followed procedure and believes your blood alcohol concentration (BAC) level could be above 0.08%.

The process of fighting a DUI charge is not even close to as hard as fighting a refusal charge in many circumstances. But, a seasoned DUI attorney can find strategies to challenge a NJ refusal charge. A lawyer can challenge your arrest and everything that happened before the arrest, like your car being stopped and what led to that decision. If you were not pulled over for valid reasons, your charges could be tossed out. Your DWI lawyer might also be able to fight the frequently subjective outcome of the Standardized Field Sobriety Test (SFST).

Blood Test Refusal

In some cases, when a breath test is declined or an officer is unable to administer it, the officer may choose to use a blood sample instead. If someone is not capable of participating in a breath test for medical reasons, for instance, a blood test may occur. Blood tests are also implemented to test for drugs.

Turn to a DWI Lawyer with a History of Challenging Refusal Charges

Carmine Villani, Esq. has had experience defending and prosecuting DUIs in New Jersey. His experience representing both sides of drunk driving arrests gives him credentials that many other defense attorneys in New Jersey lack. Mr. Villani is part of a small group of NJ DWI lawyers trained in both the Draeger Alcotest® and the formerly used Breathalyzer. Mr. Villani is even trained in other DWI detection procedures that officers in New Jersey must know in order to successfully test for symptoms of alcohol.

Breath Test Refusal Penalties

A breath test refusal charge may be added to DWI and DUI charges, making penalties even steeper. You could have your license revoked, ignition interlock devices and prison time. You need an attorney who will battle to decrease or beat charges so you don’t get stuck with penalties like these.

Penalties and fines due to refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:

First Offense

A suspended license for a minimum of seven months and a fine between $300 and $500.

Second Offense

You may lose your license for a minimum of two years and owe fines of at least $1,000.

Third Offense

A 10-year license suspension and a $1,000 fine.

Speak with Villani & DeLuca for a Free Consultation

If you or a person you care about has been charged with refusing a breath test in Seaside Heights, contact Villani & DeLuca today. Our lawyers are here to answer your questions during a free consultation when you dial 732-965-3350.