Declining to provide a breath sample if you are believed to be intoxicated is not smart. The implied consent law of NJ means that you have to take a breath test if an officer thinks that you may have had a drink. Breath test refusal charges will lead to a trip to the police station and serious charges.
If you have been charged with breath test refusal in NJ, don’t automatically plead guilty. Contact an experienced DWI lawyer to find out if police followed correct procedure during your arrest, including probable cause, the handling of equipment, or having the proper certification in breath test administration. How law enforcement handled the application of your breath test, or the events prior to breath test refusal, can lead to charges being notably reduced or even dropped. A lawyer can argue on your behalf if extenuating circumstances led to you turning down the breath test.
Have a DUI lawyer help you with refusal charges in Toms River, NJ now.
An attorney with familiarity of your rights pertaining to DWI checkpoints and refusal is vital. Your DWI lawyer can defend your rights for the purpose of getting charges against you dropped.
An officer is permitted to stop you for one of many disparate reasons, such as going through a stop sign or a red light, talking on your cell phone, speeding, or a broken brake light. But, probable cause must be established before a breath test can be used.
In the event of probable cause, breath tests are required by law. You must accept the test if the officer is under the impression that your blood alcohol concentration (BAC) is above the legal limit of 0.08%.
A refusal charge can have more negative implications than a standard DWI. Refusal charges may also be harder to challenge than a DWI. But, a qualified lawyer can dispute the circumstances of your arrest. If there is potential to beat these charges, a DUI attorney can help.
A blood test is an alternative to breath tests on certain occasions. Some occasions an officer may opt for a blood test include: when the suspect is injured, after a breath test has already been refused, or if there is suspicion of drug usage. In New Jersey, turning down a blood test is the same as turning down a breath test.
Carmine Villani, Esq., a founding member of Villani & DeLuca, P.C., has experience prosecuting and defending DUIs in NJ. His experience representing each side of arrests for driving under the influence gives him qualifications that many other defense lawyers in NJ lack. He has been trained to use the Draeger Alcotest® as well as the Breathalyzer. Mr. Villani is also trained in other DUI recognition practices that officers in NJ must be aware of in order to properly check for symptoms of drunkenness.
According to state law, breath test refusal charges come with consequences that are in addition to any DWI and DUI penalties. This is why you should hire lawyers who challenge both refusal and DWI charges in New Jersey. If you have a past refusal conviction, another one will have more extreme penalties. Consequences for DUI and refusal convictions include big fines as well as jail time, driver’s license suspension periods and ignition interlock devices.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), a driver who refuses to take part in a breath test is subjected to the following penalties:
A suspended license for a minimum of seven months and a fine between $300 and $500.
Two-year loss of license in addition to a maximum fine of $1,000.
A 10-year minimum suspension of license and a $1,000 penalty.
Looking for a DWI refusal lawyer to help you get your charges dismissed in Toms River, NJ? Contact Villani & DeLuca now. Our lawyers are here to help 24 hours a day. Ask about a free consultation when you dial 732-965-3350!
