Wall DWI Lawyer


Wall, New Jersey Municipal Court

Are you facing a drunk driving charge in Wall, New Jersey? You could be subject to a loss of your license, fines, and jail time when you appear in Wall Municipal Court. For more information visit the Wall Municipal Court website for more information.

Wall Municipal Court
2700 Allaire Road
Wall, NJ 07719
732-449-4666

Wall, New Jersey Drunk Driving Offense

Wall Township is one of the busiest areas for DWI and DWI breath test refusal charges each year because of the high frequency of DWI stops. Drivers who are stopped along the many major state roads and highways in Wall may panic when they notice the flashing lights of a police cruiser in their rear view mirror. Adding to the already tense circumstances that come with a traffic stop, if a driver has been drinking or is under the influence of drugs at the time of the stop, the potential DWI charges may cause the driver to make rash decisions. This situation occurs not only in Wall but across the state where individuals refuse to take a breath test in the hopes that by doing so they will avoid a potential DWI conviction.  By refusing a breath test, you are in violation of New Jersey state law N.J.S.A 39:4-50.2.  Needless to say, by trying to avoid a potentially damaging situation and refusing a breath test, you could be actually making matters worse.

What can be considered a refusal In A Wall DWI?

In short, anything other than an “unequivocal yes” to an officer's request to submit to a breath test can be considered a refusal in the state of New Jersey. The statute states that any “Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S. 39:4-50.” This language creates what is known as the “implied consent” principle in the state of New Jersey. To be clear, examples of refusals can range from saying “no,” remaining silent when the officer asks your permission to submit to the test, and being ambiguous with your answer to the officer. Refusal even includes a conditional request such as asking to use the restroom or to make a phone call.

Consequences and Defenses for a Refusal In Wall

Ironically, in a driver's attempt to avoid the consequences that come with a DWI, refusing a breath test actually opens up the person to increased penalties. For a first-time refusal offense, the driver will face 7 months to 1 year of a driver's license suspension which is actually the equivalent of an aggravated first time DWI charge. For second or third-time refusals, drivers who are convicted will face a suspension of their driver's license anywhere from 2-10 years. Besides losing a driver's license for a significant period of time, there are costly fines and a $1,000 a year surcharge for 3 years, following a conviction. Lastly, a driver who refuses to submit to a breath test or blood or urine sample can face other penalties such as the installation of an ignition interlock device in his or her vehicle during the suspension and for a period of 6 months to a year after the suspension.

Although the penalties for refusing a sobriety test are severe, there are defenses available to contest the charge in the appropriate circumstances. The language of the statute requires officers to keep a record of the time and date the sample was taken, inform the driver of the consequences of refusing a test, and most importantly, under no circumstances is the officer allowed to take samples by force. Recent federal and state court decisions have provided further protections against invasions of a driver's privacy by also requiring that police officers obtain a warrant before taking a blood sample.

Wall DWI Refusal Attorneys at Villani & Deluca, P.C.

Our partner Carmine R. Villani has over 20 years of experience representing clients facing DWI refusal charges in Monmouth County. Whether it be issues of probable cause, a failure to inform the driver of the consequences, or other issues in procedure during the stop, our traffic defense attorneys know how to build a strong defense for your refusal charge. By refusing to submit to a breath test, you are opening the door to liability not only for the refusal but also for DWI as a separate charge. Defend your case by calling us at 732-965-3999 to schedule a FREE consultation with the lawyers of Villani & DeLuca, P.C.

Act Now Before It's Too Late!

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Mistakes happen all the time. If a mistake was made by the police or the New Jersey prosecution it should not hurt you and your family. Our experienced NJ DWI Defense Lawyers at Villani & DeLuca regularly protect the legal rights of people who have been charged with DWI / DUI or breath test refusal. This traffic offense carries the possible of jail time and costly fines in New Jersey. The stakes are too high and can last for years. A strong legal defense can often convince the courts to have your drunk driving charges dismissed or reduced. Don't risk your future by defending yourself against a DUI! Contact Villani & Deluca today for a FREE case evaluation on all your pending drunk driving charges.

This website is designed for information purposes only and should not be construed as formal legal advice nor the formation of an attorney/client relationship.

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