DWI, DUI and Refusal (N.J.S. 39: 4-50 and N.J.S. 39: 4-50.2)

DWI, DUI, and refusal, while not criminal, are extremely serious offenses. Former Municipal Prosecutor Carmine R. Villani, has the experience necessary to defend against your DWI, DUI, or refusal offense. Mr. Villani is one of a very few New Jersey attorneys who is Alcotest® certified. The Alocotest® 7110 MKIII-C breath testing machine and its exclusive use in determining the Blood Alcohol Content (BAC) of suspected intoxicated motorists has been mandated by the State of New Jersey. Mr. Villani has been trained by the manufacturer, Draeger Safety Diagnostics, to operate the device as well as perform a New Jersey specific breath test sequence. This knowledge is extremely valuable if you have been charged with a DWI related offense, as the proper functioning of the device must be questioned. If you have been pulled over for DWI or DUI, and the Alcotest® has taken a (BAC) reading of 0.08% or above, you will be charged with a per se violation. You could also be charged with a DWI or DUI even if there was no BAC test administered or the test determined a BAC below the statutory limit. If the officer observes and testifies to observing any psychophysical impairment such as stumbling and staggering, he can write and the State may convict you of a first tier, first offense DWI or DUI. If you refuse to submit to a chemical test, you can also be charged with a per se violation. First offense DWI, DUI, and refusal charges carry steep penalties that may include:

  • First  DWI Offense in Belmar
    • If BAC is 0.08% or higher but less than 0.10%
      • Forfeiture of license for up to 3 Months
      • Up to a $400.00 fine
      • 12 to 48 hours of detainment as prescribed by the Intoxicated Driver Resource Center (IDRC)
      • Up to 30 days in jail
      • Installation of Ignition Interlock Device (court discretion)
      • Other fines and penalties
  • If BAC is 0.10% or higher but less than 0.15%
    • Forfeiture of License from 7 months to 1 year
    • Up to a $500.00 fine
    • 12 to 48 hours of detainment as prescribed by the (IDRC)
    • Up to 30 days in jail
    • Installation of Ignition Interlock Device (court discretion)
    • Other fines and penalties
  • If BAC is 0.15% or higher
    • Forfeiture of License from 7 months to 1 year
    • Up to a $500.00 fine
    • 12 to 48 hours of detainment as prescribed by the IDRC
    • Up to 30 days in jail
    • Mandatory installation of Ignition Interlock Device
    • Other fines and penalties

If you have been charged with a DWI, DUI, or refusal, call the experienced New Jersey DWI attorneys of Villani & DeLuca at 732-892-9050 for a free initial consultation.