DWI Lawyers Will Help with Ship Bottom NJ Breath Test Refusal Charges
You don't have the right to turn down a breath test request from law enforcement in NJ. There is implied consent in New Jersey, meaning that a suspected inebriated driver is required to take a breath test upon request. Serious consequences can come from a breath test refusal.
Charges for refusal do not necessarily mean that you will be convicted. The consequences can be serious, but DWI lawyers are extremely equipped to protect you during a trial. The circumstances of your arrest and the procedure of the cop who arrested you can help you beat the charges.
Speak to a DUI lawyer to defend you from refusal charges in Ship Bottom, NJ.
Refusing a Breath Test in Ship Bottom, NJ
If you are not sure what your rights are, you will have a more difficult time challenging refusal charges. A skilled NJ DWI lawyer will be able to keep you informed of these rights and make it easier for you to protect them.
An officer may stop you for a variety of reasons, such as standard moving violations. But, before an officer can ask you to take a breath test, he or she is required to establish probable cause.
If an officer has a sound reason (probable cause) to believe that you may be operating a vehicle under the influence of alcohol, a breath test may be necessary. It is a bad idea to refuse a breath test. New Jersey implied consent dictates that you have to take a breath test if the right procedure has been followed.
Regular DUI charges can lead to penalties that are not as steep as refusal charges. Refusal charges may also be more difficult to beat than a DWI. Your attorney should be able to dispute the arrest itself. If there is potential to beat these charges, a DWI lawyer can help.
Blood Test Refusal
A blood test can be used as an alternative to breath tests on certain occasions. If a person is incapable of participating in a breath test for medical reasons, for instance, a blood test can occur. Blood tests are also used to test for drugs.
Consult a DWI Lawyer with Experience Defending Refusal Charges
Carmine Villani, Esq. has had experience defending and prosecuting DWIs in NJ. This rare experience on both sides of DUI law in New Jersey is a beneficial piece of background that is not standard for DWI lawyers. He has received training to use the Draeger Alcotest® as well as the Breathalyzer. Mr. Villani is also trained in other DWI detection procedures that officers in NJ must be aware of in order to properly test for symptoms of alcohol.
Breath Test Refusal Penalties
Breath test refusal ramifications do not replace DUI penalties. Instead, you may have to deal with the ramifications of DUI as well as refusal. This is why you should choose attorneys who challenge both refusal and DWI charges in New Jersey. If you have a past refusal conviction, a second or third one will have stiffer penalties. Refusal penalties include expensive fines, license suspensions and ignition interlock devices.
Penalties and fines resulting from refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
First Offense
Loss of license for a minimum of seven months and a fine up to $500.
Second Offense
You may lose your license for at least two years and have to pay fines of at least $1,000.
Third Offense
A 10-year license suspension and a $1,000 fine.
Contact Villani & DeLuca for a Free Consultation
If you or a person you care about was charged with refusing a breath test in Ship Bottom, contact Villani & DeLuca today. Our lawyers are here to answer your questions during a free consultation when you call (732) 709-7757.