DWI Lawyers Will Defend Your Surf City NJ Breath Test Refusal Charges
It is not smart to turn down a breath test from police if you are thought to be driving under the influence. New Jersey's implied consent law means that anyone who gets stopped for suspicion of drunk driving is required to take a breath test. You will be taken in and faced with charges for refusal if you do not take a breath test.
Just because you were charged with refusal does not mean you will have to suffer the penalties of a conviction. The consequences can be serious, but DWI lawyers are well equipped to protect you during a trial. The context of your arrest and the procedure of the cop who arrested you can help you defeat the charges.
Have a DUI lawyer assist you with refusal charges in Surf City, New Jersey now.
Refusing a Breath Test in Surf City, NJ
An attorney with knowledge of your rights pertaining to DUI stops and refusal is paramount. Your DWI attorney can guard your rights for the purpose of getting charges against you reduced.
An officer will stop you for many reasons, such as standard moving violations. However, before an officer is allowed to request that you take a breath test, he or she has to establish probable cause.
When law enforcement has a reasonable foundation for thinking someone is driving under the influence, they are legally allowed to perform a breath test. Generally, it is not smart to refuse a breath test in New Jersey. According to implied consent laws in our state, you must accept a breath test if an officer has followed procedure and believes your blood alcohol concentration (BAC) level might be above 0.08%.
A refusal charge can result in more legal consequences 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. If there is a chance ofbeating these charges, a DWI attorney can help.
Blood Test Refusal
A blood test can be used as an alternative to breath tests on certain occasions. If a person is unable to participate in a breath test for medical reasons, for instance, a blood test may be permitted. Blood tests are also used to test for drugs.
Consult a DWI Lawyer with a History of Fighting Refusal Charges
Your DUI lawyer needs to have the experience to help you defeat a refusal charge. Carmine Villani, Esq. has been working to beat refusal charges in NJ for years. He has received the same training as officers in NJ receive to check for drunk driving. He has been trained to use the Dreager Alcotest® and will help you fight your charges based on any mishandling of technology or a lack of procedure that may have taken place during your arrest.
Penalties for Breath Test Refusals
According to state law, breath test refusal charges come with penalties that are in addition to any DWI and DUI consequences. This is why you should choose lawyers who challenge both refusal and DUI charges in NJ. The penalties associated with refusal in NJ become even more severe if you have prior DUI convictions or refusal convictions. Consequences for DUI and refusal convictions contain big fines as well as prison time, driver's license suspension periods and ignition interlock devices.
Penalties and fines associated with refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
You may lose your right to operate a vehicle for a minimum of seven months and confront fines that reach from $300 to $500.
You may lose your license for a minimum of two years and owe fines of at least $1,000.
Loss of license for 10 years and a mandatory fine of $1,000.
Contact Villani & DeLuca for a Complimentary Consultation
Contact Villani & DeLuca for breath test refusal charges that you need to dispute in Surf City, NJ. Our lawyers are available to answer your questions during a free consultation when you call (732) 709-7757.