It is not uncommon for drivers in Ocean County and Monmouth County, New Jersey to refuse to submit to a breath test to determine their blood alcohol concentration (BAC) after being arrested on suspicion of drunk driving.  Many charged with Driving Under the Influence (DUI) have a reasonable and understandable misconception that they have the right to remain silent when asked to submit to a breath test.  Often, those charged also believe they have the right to consult an attorney beforehand.  However, refusing to submit to a breath test is a separate offense under N.J.S.A. 36:117 that gives rise to substantial civil penalties in addition to criminal charges (if found guilty of DWI or DUI).

Law enforcement officers are not required to allow you contact your attorney before providing a breath sample.  Furthermore, you do not have the right to remain silent when asked to submit.  In fact, silence in response to a request to submit to a breath sample can constitute an acknowledgement of refusal and admission of guilt of driving under the influence.  These additional civil penalties include fines, motor vehicle surcharges and a longer suspension of driving privileges.  If you have been charged with refusal to submit to breath testing, we strongly encourage that you retain an experienced criminal defense lawyer for your representation.

First Refusal in Brick Township

• Loss of license for up to 1 year
• Fine of up to $500.00
• Required to install an Ignition Interlock Device
• Must fulfill the program and fee requirements of the Intoxicated Driver Resource Center (IDRC)
• Other fines and penalties

Second Refusal in Brick Township

• Loss of license for up to 2 years
• Fine of up to $1,000.00
• Required to install an Ignition Interlock Device
• Must fulfill the program and fee requirements of the IDRC
• Other fines and penalties

Carmine R. Villani, Esquire is a partner in the law firm of Villani & DeLuca, P.C. which is headquartered in Point Pleasant Beach, New Jersey.  Mr. Villani is an experienced NJ DWI defense attorney who has been defending clients charged with DWI and refusal  for over two decades.  He has handled hundreds of drunk driving cases from both the prosecution and defense sides and thus is intimately familiar with the workings of the local court system in a way that sets him apart from most local attorneys.

If you have been pulled over and have been written a DWI, DUI or refusal charge you must call the experienced New Jersey DWI attorneys of Villani & DeLuca for a free initial consultation.  Call Villani & DeLuca today at (732) 965-3345.