Refusal To Take A Breath Test Could Have Harsh Results
A drunk driving refusal are treated seriously not only in Jackson Township but throughout the entire state of New Jersey. The penalties for being charged with a DWI refusal can potentially be more harmful than that of a first time DWI offense. Many people who make the mistake of refusing a breath test do not realize they can still be charged with a DWI through other means of testing, which then creates a situation where the driver is facing charges for both a DWI and refusal. In order to defend yourself, you will need a legal team of attorneys who have years of experience representing clients that were stopped by law enforcement in Jackson.
How Refusals Work in NJ (N.J.S.A. 39:4-50.2)?
The statute N.J.S.A. 39:4-50.2 creates “implied consent” to submit to a breath test when a driver receives his or her driver's license and operates a motor vehicle on public roads in the state of New Jersey. You should know that officers can request several types of tests including blood tests, urine tests and the standard Alcotest7110 Breath test to determine how much alcohol is in your blood system. These tests are highly efficient and accurate which is why many drivers who fear their blood alcohol concentration (BAC) is above the legal limit of 0.08% refuse to submit to a test after being stopped by law enforcement.There are several acts that constitute refusal to submit to a breath test in New Jersey. This can range from a simple “NO,” which is an express refusal, to other behavior that many drivers may not have actually intended to be a refusal. For example, under this same statute, several types of refusal include remaining silent, not providing the officers with a sufficient number of samples, or delaying. Something such as asking to use the restroom before a sobriety test can be considered a conditional refusal.
What You Can Do About a Refusal?
Fighting a refusal charge in Jackson Township is an uphill battle. Because DWIs and refusals are classified as motor vehicle violations, your case will be heard in the Jackson Township Municipal Court, where you will not be in front of jury but instead have a judge decide your case. It is important to know that if you have received notice to appear in Jackson Township Municipal Court, your attendance is mandatory and cannot be rearranged without your legal counsel first obtaining an adjournment on your behalf. To have any shot at defending your case against the evidence the State will present against you, a lawyer who thoroughly knows the state's traffic law and procedures will be critical.At Villani & DeLuca P.C., our partner Carmine R. Villani and the other traffic defense attorneys know just how much a refusal conviction can impact your life. For first time offenders, the minimum penalties include license suspension for 7 months, mandatory enrollment of 12 hours in a program at an Intoxicated Driver Resource Center, along with costly fines and surcharges. If this is not your first refusal, you may already know how severe these penalties can be, but it should be noted that for a second offense, the minimum loss of a license will be for 2 years, and for a third offense at least 10 years. An attorney like Carmine R. Villani Esq. can analyze whether all the elements for a refusal charge have been met and look for procedural errors on how an officer conducted the sobriety tests during a stop. Mr. Villani has received the same training as police officers on how to use the Alcotest 7110 and how to administer standardized field sobriety tests. Laws have changed in recent years and for intrusive testing such as a blood or urine sample, officers will now be required to obtain a search warrant. Additionally, a driver who does not have a full understanding of the English language and was charged with refusal, may have defense available for him or her as well.
Call a DWI lawyer who can help?
With experience in defending clients charged with DWI and refusal not only in Jackson Township but throughout all of Ocean County, Carmine R. Villani, Esq. is the right attorney for you. For the last 20 years Mr. Villani and our attorneys have fought for our clients.
Call us and schedule a free consultation at 732-820-1256, where you will receive professional guidance from a seasoned Ocean County DWI defense team.