You can’t evade a DWI simply by refusing to take part in a breath test. You can actually make matters worse by refusing to take a breath test. In New Jersey, you are required by law to take a breath test if law enforcement asks you to. When you refuse to take a breath test in New Jersey, not only will you be arrested for a DUI, but you will face more breath test refusal charges.
Just because you were accused of refusal does not mean that you will be convicted. The consequences can be serious, but DUI lawyers are extremely equipped to protect you during a trial. The circumstances of your arrest and the procedure of the officer who arrested you can make it easier for you to defeat the charges.
Have a DWI attorney assist you with refusal charges in Stafford, NJ now.
Knowing your rights is nearly as important as having an attorney who can explain them to you. Trying to get your charges thrown out is a lot simpler with the help of a DWI lawyer who understands your rights inside and out.
An officer can stop you for one of many unrelated reasons, such as running a stop sign or a red light, talking on your cell phone, speeding, or a brake light malfunction. But, probable cause must be proven before a breath test can be give.
If a police officer has a valid reason (probable cause) to believe that you may be operating a car after consuming alcohol, a breath test may be required. Generally, it is not recommended to turn down a breath test in NJ. According to implied consent laws in our state, you must take a breath test if the officer has taken the proper steps and believes your blood alcohol concentration (BAC) level might be higher than 0.08%.
A refusal charge can result in more negative implications than a standard DUI. A refusal charge can even necessitate a stronger defense in order to get results. Your attorney should be able to dispute the arrest itself. With any luck, your New Jersey DWI lawyer can find reasons to argue against your charges and your charges will be dropped or reduced.
A blood test may be used to test a 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 used. New Jersey laws will treat refusal of a blood test as if it were a breath test.
Experience is an important mechanism in disputing DWI refusal charges. With years of experience is his corner, Carmine Villani, Esq. disputes DWI refusal charges for clients in New Jersey. He has received the same training as officers in NJ receive to check for BAC levels. He has been educated in the Dreager Alcotest® and will help you fight your charges based on any mishandling of technology or a lack of process that may have taken place while you were being arrested.
A breath test refusal charge can be added to DWI and DUI charges, creating more expensive penalties. Prison sentences and a revoked license can come from a refusal conviction. Your DWI attorney will work with you to build a plan that works best for you.
Penalties and fines resulting from refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
Loss of license for a minimum of seven months and a fine up 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.
If you or a person you care about has been charged with refusing a breath test in Stafford, contact Villani & DeLuca today. 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 now for a free-of-charge initial consultation.
