DWI Lawyers Can Protect You from Tuckerton NJ Breath Test Refusal Charges
Declining to take a breath test 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 believes that you may have been drinking alcohol. Breath test refusal charges will lead to a trip to the police station and serious charges.
Charges for breath test refusal do not necessarily mean that you will be convicted. The consequences can be steep, but DUI lawyers are well equipped to protect you during a trial. The actions of officers and other law enforcement officials can lead to dismissed or reduced charges.
Get help from your DWI lawyer in Tuckerton, NJ today.
Refusing a Breath Test in Tuckerton, NJ
Knowing your rights is almost as imperative as having a lawyer who can elaborate on them. Trying to have your charges dropped is much easier with the assistance of a DWI lawyer who understands your rights inside and out.
An officer is permitted to stop you for one of many disparate infractions, such as going through a stop sign or a red light, speaking on your cell phone, speeding, or a broken brake light. But, probable cause has to be demonstrated before a breath test can be administered.
If an officer has a sound reason (probable cause) to believe that you may be operating a car under the influence of alcohol, a breath test may be required. It is not usually a good idea to refuse a breath test. NJ implied consent states that you have to take a breath test if proper steps have been followed.
The difficulty of beating a DWI charge is not nearly as hard as fighting a refusal charge in many circumstances. But, there remains hope with a NJ DUI lawyer in NJ. For example, your lawyer may be able to fight the state based on the validity of your car being pulled over. An illegal stop of a car can be justification to fight refusal charges. The legality of a Standardized Field Sobriety Test can also be fought.
Blood Test Refusal
Blood tests are frequently used to test someone for a presence of drugs. An officer is required to have reasonable cause before implementing a blood test as well. New Jersey laws will treat refusal of a blood test as if it were a breath test.
Turn to a DWI Lawyer with a History of Challenging Refusal Charges
Carmine Villani, Esq. has had experience defending and prosecuting DUIs in New Jersey. This rare experience on both sides of DUI law in New Jersey is a beneficial piece of background that is not standard for DUI lawyers. He has been trained to use the Draeger Alcotest® as well as the Breathalyzer. In addition, Mr. Villani has received the same training as police officers in the areas of Drug Recognition Evaluation (DRE) and Standardized Field Sobriety Testing (SFST).
Penalties for Breath Test Refusals
A breath test refusal charge can be added to DWI and DUI charges, making penalties even steeper. You could face license revocation, ignition interlock devices and prison time. Your DWI lawyer will work with you to build a defense that works best for your case.
Penalties and fines associated with refusal in New Jersey (N.J.S.A. 39:4-50.4(a)) include the following:
First Offense
You may lose your right to operate a vehicle for at least seven months and face fines that reach from $300 to $500.
Second Offense
A suspended license for two years in addition to a max fine of $1,000.
Third Offense
A 10-year minimum suspension of license and a $1,000 penalty.
Speak with Villani & DeLuca for a No Risk Consultation
Contact Villani & DeLuca for breath test refusal charges that you would like to dispute in Tuckerton, New Jersey. Criminal defense attorneys from Villani & DeLuca are available all day, every day. Pick up the phone and dial (732) 709-7757 now for a free initial consultation.