DWI, DUI and Refusal Lawyer in Belmar

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 motor vehicle violationis with steep penalties including the possibility of jail time.  Former Municipal Prosecutor Carmine R. Villani, has over 20 years of criminal experience as both a prosecutor and defense attorney.  He is one of only a select few New Jersey attorneys who is Alcotest® certified. The State of New Jersey has mandated the use of the Alocotest® 7110 MKIII-C breath testing machine for all NJ police departments. Mr. Villani has been trained by the manufacturer, Draeger Safety Diagnostics, to operate the device and thus is intimately familiar with the complexity of the machine.  This knowledge is extremely valuable in Defending drunk driving charges as the proper functioning of the device should always be scrutinized. 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 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 732-456-6510 for a free initial consultation.

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