It is not in your best interest to turn down a breath test from a police officer if you are thought to be driving while intoxicated. The implied consent law of New Jersey means that you have to take a breath test if a cop believes that you may have had a drink. Breath test refusal charges can lead to an arrest and serious charges.
You should not just plead guilty right away to breath test refusal in New Jersey. Contact a knowledgeable DWI lawyer to make sure police followed correct procedure during your arrest, including probable cause, the handling of equipment, or having the right certification in breath test administration. How police conducted the implementation of your breath test, or the events prior to breath test refusal, can lead to charges being notably lessened or even dropped. Your attorney might even be able to indicate additional refusal justifications, such as translation issues or medications you were taking.
Safeguard your rights by speaking to a DUI lawyer with experience challenging breath test refusals in Seaside Park, NJ.
An attorney with an understanding of your rights regarding DWI stops and refusal is vital. Your DUI attorney can protect your rights for the purpose of getting charges against you dropped.
Probable cause is a critical issue 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.
When officers have a reasonable basis for believing a driver is driving while intoxicated, they are legitimately permitted to implement a breath test. Generally, it is not in your best interest to turn down a breath test in NJ. NJ implied consent states that you have to take a breath test if the right procedure has been recognized.
Normal DWI charges can lead to penalties that are less severe than refusal charges. A refusal charge can even necessitate a stronger legal strategy in order to get results. Your lawyer should be able to challenge the arrest itself. If there is a chance ofbeating these charges, a DWI lawyer can help.
A blood test can be used as an alternative to breath tests on certain occasions. Some occasions an officer may choose a blood test include: injuries to the suspect, after a breath test has already been declined, or if the officer suspects drug usage. In the eyes of NJ law, turning down a blood test is equal to turning down a breath test.
Your DWI attorney should have the experience to help you defeat a refusal charge. With a multitude of experience is his corner, Carmine Villani, Esq. fights DUI refusal charges for clients in NJ. Mr. Villani is trained in the protocol that officers use in the field to find out whether a driver is operating a car with a BAC over the legal limit. He has been educated in the Dreager Alcotest® and will help you fight your charges based on any misuse of technology or a lack of procedure that could have taken place while you were being arrested.
Former arrests for DUI and refusal will make penalties steeper each time if you do not have qualified lawyers. You could have your license revoked, ignition interlock devices and prison time. Your DUI lawyer will work with you to build a strategy that works best for your case.
Penalties and fines resulting from refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
You can lose your right to operate a vehicle for at least seven months and face fines that reach from $300 to $500.
Two-year suspension of license in addition to a maximum fine of $1,000.
A 10-year minimum suspension of license and a $1,000 penalty.
Are you looking for legal advice for a breath test refusal charge in Seaside Park, NJ? Get in touch with Villani & DeLuca for more information about refusal. Our attorneys are here to assist 24 hours a day. Ask about a free consultation when you dial 732-965-3350!
