Call 24/7 to Book a Free Consultation (732) 709-7757

NJ Law Blogs

Charged With Refusal in Wall Township, NJ

Posted by Carmine R. Villani | Jul 17, 2012 | 0 Comments

Refusal in Wall Township Can Carry Heavy Penalties

DWI Car Keys

Drunk driving is taken very seriously in Wall Township, NJ. Driving is considered a privileged and not a right; therefore, when asked to partake in a breath test by a New Jersey police officer, if you do not consent to this procedure, you will be issued a summons for refusal. Police officers along the Jersey Shore are on high alert during the summer months due to the increased traffic flow to the area. If you face a conviction for refusal, you will have to pay significant fines which could vary from $300 to $1,000, plus additional fees, and your driver's license will be suspended as well. For a first refusal offense, the license suspension is seven months. A second offense carries two years revocation, while a third offense will result in a ten year license suspension. Lastly, refusal to submit to a breath or chemical test will lead to you having to install an ignition interlock device in your motor vehicle.
If you are facing a possible refusal conviction in New Jersey, it is imperative that you consult with an attorney that has experience and training in NJ DWI laws and procedures. Mr. Villani, a partner at Villani & DeLuca is trained in using the Alcotest® breathalyzer and the proper procedures for conducting Standardized Field Sobriety Testing (SFST) to better serve clients facing DWI/DUI and refusal charges in municipal courts throughout New Jersey.

How Will I be Processed for a Refusal in Wall Township?

If a Wall Township police officer pulls you over with probable cause to believe that you have committed a traffic violation, he may gain reasonable suspicion to test you for intoxication based on a number of psychophysical indicators, including slurred speech, glassy eyes, fumbling for documents or the smell of alcohol on your breath. If the officer believes it is necessary to test you for intoxication, he may first perform field sobriety tests. After, he will bring you to the Wall Township Police Department where you will be asked to submit breath samples using the Alcotest® device.
To test your breath for the presence of alcohol, the officer must first read you a lengthy statement, called the Attorney General Standard Statement, outlining the law and your rights. He will then ask if you will submit. If you refuse, he will read an additional statement. If you again refuse, you will be charged with refusal in Wall Township.

Refusal Penalties Increase When Coupled with a NJ DWI

If you have been charged with refusing a breath test while driving in Wall Township, NJ, you have likely also been charged with DWI for driving while intoxicated.  You may question the validity of the DWI charge, since your refusal to submit the breath sample resulted in no proof of your body's actual alcohol content levels.  However, it is important to know that a driver in New Jersey can be charged and convicted of both DWI and refusal without the evidence of your blood alcohol content (BAC). This results in harsher punishment when the two convictions are combined, sometimes doubling the period of driver's license suspension and the amount of fines and other charges.  Hiring a lawyer when facing both charges together is especially crucial if you want any hope of lowering your sentencing.

Our NJ Lawyers Can Help with a Refusal Charge in Wall

If you have been charged with refusal in Wall Township, call the experienced DWI, DUI and refusal attorneys of Villani & DeLuca today at (732) 709-7757 for a free initial consultation. An experienced Wall Township refusal attorney will take the time to discuss your charges with you as well as any possible defenses that may be available under the circumstances of your arrest.

About the Author

Carmine R. Villani

Founding partner, Carmine Villani, Esq. is a former municipal prosecutor with over three decades of experience in Criminal and DWI Defense.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Villani & DeLuca, P.C. is committed to answering your questions about Divorce & Family Law, Criminal Defense, Personal Injury, and DWI & Traffic Law issues in New Jersey. We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.