Municipal Court | Drunk Driving / DUI / DWI
New Jersey DWI Lawyer
If you have been charged with a DWI, DUI, or refusal in New Jersey, call Alcotest® 7110 trained, former Municipal Prosecutor Carmine R. Villani, Esq., Partner of Villani & DeLuca, P.C., immediately to have all of your New Jersey DWI questions answered. Former Municipal Prosecutor and Alcotest® 7110 trained attorney, Carmine R. Villani, Esq., has experience in both the prosecution and defense of DWI, DUI, and refusal charges in New Jersey. An experienced DWI attorney, Mr. Villani will thoroughly evaluate the unique facts of your drunk driving case to determine the best defense. Due to the fact that no New Jersey DWI, New Jersey DUI, or New Jersey refusal case has the same set of facts, experienced DWI attorney, Mr. Villani will take the time to discuss and review with you:
- The circumstances that permitted the stop;
- The tests the police conducted to determine if you were intoxicated;
- The specific results of the breathalyzer, Alcotest®, or blood test that the State will use against you;
- The adherence by the police to the strict procedures necessary to sustain a valid blood alcohol content (BAC) reading;
- The possible fines and penalties you may be sentenced to if convicted of a New Jersey DWI, DUI, or refusal;
- The possible suspension of your New Jersey or other state’s driver’s license;
- The possible installation of an ignition interlock device in your vehicle.
- The possibility of being sentenced to jail;
- The determination of whether the use of expert witnesses would be a benefit in defending your case;
- The review of all possible defenses and mitigating factors to obtain the best result.
If you have been charged with a New Jersey DWI, New Jersey DUI, or New Jersey refusal, you need to contact the experienced New Jersey DWI lawyers of Villani & DeLuca, P.C. to protect your rights.
Call (732) 965-3350 today for a free initial consultation!
Call an Alcotest® 7110 Trained, New Jersey DWI Attorney
Mr. Villani is one of less than 50 New Jersey DWI attorneys trained by the manufacturer (Draeger Safety Diagnostics) to operate the Alcotest® 7110 MKIII-C breath testing device which is used to determine the blood alcohol content (BAC) of suspected motorists. The Draeger Alcotest® represents the latest technology in determining the BAC of motorists. It utilizes both infrared and electrochemical technology to obtain a reading within a very small margin of error. Mr. Villani was also trained on how to give a New Jersey specific breath test sequence, and on how to integrate the various components with the device. This knowledge is extremely valuable in a New Jersey DWI or DUI defense, as proof of the proper procedures, calibration, and maintenance must be presented by the State in order to obtain a conviction at your drunk driving or driving under the influence trial.
If you have been charged with a New Jersey DWI, New Jersey DUI, or New Jersey refusal, Mr. Villani has the experience necessary to defend you in New Jersey municipal courts. Mr. Villani can prepare an excellent defense due to the fact he is familiar with New Jersey law enforcement agencies, roadways, municipal court systems, and experts. Retain the experience of Carmine R. Villani if you have been charged with DWI, DUI, or refusal in New Jersey.
Contact the experienced New Jersey DWI lawyers of Villani & Deluca, P.C. if you have been charged with a DWI, DUI, or refusal. Call (732) 965-3350 today for a free initial consultation.
DWI and DUI in New Jersey (N.J.S. 39: 4-50)
While not criminal offenses, New Jersey DWI and New Jersey DUI offenses carry very serious penalties and can have long-lasting repercussions if the State succeeds in obtaining a conviction. The New Jersey legislature has recently made changes to the processing and charging of a motorist for DWI or DUI. Most notably, the State has moved away from using older, outdated “breathalyzers” to determine blood alcohol content (BAC). These breathalyzers had been in use since the 1950’s and have become obsolete in the wake of the new Draeger Alcotest® 7110 MKIII-C.
The Alcotest®, while extremely sensitive, uses a combination of electrochemical and infrared technology to take an accurate reading within a court mandated margin of error. Carmine R. Villani, Esq., managing partner of Villani & DeLuca, P.C., is an Alcotest® trained DWI attorney knowledgeable in the proper use, operation, and calibration of the instrument. This training provides tremendous benefits in analyzing whether the State followed the proper procedure necessary to sustain a conviction. Due to the fact that the Alcotest® is relatively new and very sensitive, there are many factors that can affect the outcome of a BAC analysis at trial. Moving the breathing tube too quickly, failure to change the mouthpiece, and failure to observe the individual for 20 minutes before allowing him or her to breath into the device, may render the reading invalid, therefore preventing the State from obtaining adequate proof to obtain a DWI or DUI conviction. Having a New Jersey DWI defense lawyer trained on how to perform a New Jersey specific breath test is extremely valuable to your defense.
There is also a very specific process that New Jersey police officers must follow in order to stop and process an individual for a suspected New Jersey DWI or New Jersey DUI. The police officer must first have probable cause to believe you violated a motor vehicle law to pull you over. The officer could observe that you are swerving and immediately suspect drunk driving or the officer could pull you over for a burned out taillight and suspect that you are intoxicated when he approaches your vehicle. There are numerous motor vehicle violations and infractions that allow a New Jersey law enforcement officer to pull you over.
Contact the experienced New Jersey DWI lawyers of Villani & Deluca, P.C. if you have been charged with a New Jersey DWI, New Jersey DUI, or New Jersey refusal. Call (732) 965-3350 today for a free initial consultation.
Quite often, police reports alleging a drunk driving or driving under the influence charge will state that the officer observed that the individual had glassy eyes, smelled of alcohol, had slurred speech, stumbled, staggered, or fumbled while attempting to produce documentation. Any combination of these psychophysical indicators will give a New Jersey Police Officer proper probable cause to believe an individual is intoxicated. If the officer believes the individual is operating a motor vehicle under the influence of intoxicating liquors, drugs (legal or illegal), narcotics, or hallucinogens, he will attempt to collect evidence to use at trial to obtain a conviction for DWI, DUI or refusal. If the officer believes and will testify to the fact that you were indeed intoxicated or driving under the influence and unable to operate a motor vehicle safely on New Jersey roads, the State could convict a first time, first tier DWI or DUI offender, even without a BAC reading or a low (below the statutory 0.08%) BAC reading.
First and foremost, the machines calibration and maintenance must be up to date. This means that it is routinely serviced and inspected bi-annually. Evidence of this must be disclosed prior to trial to ensure the proper functionality of the instrument and obtain a valid reading. Next, the operator or another officer must observe the individual to be tested for a period of no less than 20 minutes before obtaining a breath sample. This is to ensure that the individual does not vomit, ingest anything, or do anything to otherwise skew the results of the test New Jersey specific breath test sequence. Once the observation period is over, the individual will be asked to blow and introduce breath air into the device. A certain volume of air must be blown into the Alcotest® in order for it to register a reading. The officer will allow multiple tries at his discretion if he believes the individual is making a good faith effort to provide an adequate sample. If the officer does not believe this is possible, he could charge a refusal. In almost every such instance an individual will also be charged with drunk driving or driving under the influence. Having an Alcotest® 7110 trained DUI lawyer is important to the defense of your case. Contact Alcotest® trained, DWI defense attorney Carmine R. Villani, Esq., for the best defense of your case.
PENALTIES for New Jersey DWI and DUI
Penalties for DWI and DUI are:
- First DWI Violation in New Jersey
- If BAC is 0.08% or higher but less than 0.10%
- Loss of license for 3 Months
- Fine of up to $400.00
- 12 to 48 hours of detainment and/or counseling prescribed by the Intoxicated Driver Resource Center (IDRC)
- Up to 30 days in jail
- Installation of an Ignition Interlock Device (court discretion)
- Other fines and penalties
- If BAC is 0.10% or higher but less than 0.15%
- Loss of License from 7 months to 1 year
- Fine of up to $500.00
- 12 to 48 hours of detainment and/or counseling as prescribed by the IDRC
- Up to 30 days in jail
- Installation of an Ignition Interlock Device (court discretion)
- Other fines and penalties
- If BAC is 0.15% or higher
- Loss of License from 7 months to 1 year
- Fine of up to $500.00
- 12 to 48 hours of detainment and/or counseling as prescribed by the IDRC
- Up to 30 days in jail
- Mandatory installation of an Ignition Interlock Device
- Other fines and penalties
- Second DWI Violation in New Jersey
- Loss of license for up to 2 years
- Fine of up to $1,000.00
- 30 days of community service
- Up to 90 days in jail
- Participation in the program and fee requirements of the IDRC
- Mandatory installation of an Ignition Interlock Device
- Other fines and penalties
- Third or Subsequent DWI Violation in New Jersey
- Loss of license for up to 10 years
- Imprisonment of no less than 180 days
- Fine of $1,000.00
- Mandatory installation of Ignition Interlock Device
- Participation in the program and fee requirements of the IDRC
- Other fines and penalties
Contact the experienced New Jersey DWI lawyers of Villani & Deluca, P.C. if you have been charged with a DWI, DUI, or refusal. Call (732) 965-3350 today for a free initial consultation.
If convicted of drunk driving, driving while intoxicated, or refusal, a New Jersey municipal court Judge may be required to order that you install an ignition interlock device in your motor vehicle. This is essentially like having a breathalyzer in your car. These devices are attached to the ignition system and will only allow the driver to start and operate the motor vehicle if it finds that there is no alcohol in the driver’s body. Once the car is started, the device will prompt the driver periodically to take another reading. These devices become very intrusive and can be difficult to manage. Since the interlock requirement is a relatively new development, the rules surrounding it are vague and invite litigation. If you believe you will be ordered to install an ignition interlock device, contact a New Jersey DWI attorney who is skilled in DWI litigation; contact Carmine R. Villani, Esq. It is important to note that for any refusal conviction, installation of an interlock device is mandatory!
Refusal to Submit to a Breath Test in New Jersey (N.J.S. 39:4-50.4a)
New Jersey drivers have been required to submit to a chemical breath test to confirm blood alcohol concentration (BAC) since the early 1950’s. In its early stages, a refusal to submit to a breathalyzer examination did not impose significant penalties; therefore, a refusal in the past may have been an advisable approach in order to avoid providing the police with sufficient proof to convict an individual of drunk driving. Recognizing the weakness, the legislature has continually strengthened the chemical test penalties to a point where the current refusal statute carries an automatic license suspension equal to that of the upper tier (i.e., above .10) DWI which results in a loss of license for a minimum period of seven months and a maximum of one year. In addition, the person found guilty of refusal to submit to a breathalyzer examination is required to install an ignition interlock device in their vehicle for a minimum of six months to one year after serving their license suspension.
Accordingly, the penalty for a refusal to submit to a New Jersey breathalyzer examination is more significant in that it imposes all of the penalties associated with a DWI or DUI as though the BAC reading had been above a 0.15%. In the first offense DWI or DUI where a BAC reading exceeds 0.15%, an individual is subject to a seven-month to one-year loss of license, 12 hours in an intoxicated driver resource center (IDRC), the installation of an ignition interlock device, and monetary fines and costs. With the exception of the potential for a 30-day jail sentence not being imposed for refusal, the individual charged with a first offense refusal shall receive the same penalties as an individual convicted of DWI or DUI with a blood alcohol reading of above 0.15%.
Contact the experienced New Jersey DWI lawyers of Villani & Deluca, P.C. if you have been charged with a refusal in New Jersey. Call (732) 965-3350 today for a free initial consultation.
There are other consequences of a New Jersey refusal in a second offense situation, which could have significant consequences. The New Jersey DWI statute provides a ten-year timeframe which entitles an individual to a “step-down”, which means that an individual who has a DWI and then receives a second DWI in excess of ten years after the first is entitled to a one-time step-down, returning to first offense status after ten years has expired. The statute, as it relates to refusal to submit to a breathalyzer examination (N.J.S. 39:4-50.4a) does not include the same ten-year step-down provision and, therefore, an individual charged with refusal to submit to a breathalyzer examination (even 15 or 20 years after the first offense) will be treated as a second offense under the New Jersey refusal statute which should result in a two-year loss of license and other significant fines and penalties including the installation of the ignition interlock device.
Contact the experienced New Jersey DWI lawyers of Villani & Deluca, P.C. if you have been charged with a refusal in New Jersey. Call (732) 965-3350 today for a free initial consultation.
New Jersey has a very straightforward and relatively simple burden in proving that an individual has refused to submit to a breathalyzer examination. The State must first prove that an individual was driving a motor vehicle on a public or quasi-public road. The second piece of evidence required is proof that the individual appears to have driven a vehicle or intended to drive a vehicle while intoxicated. The third piece of evidence is that an individual was requested to submit to a breathalyzer examination and refused.
New Jersey Police Officers are required to read a specific statement to an individual. The officer advises that if the individual fails to submit to a breathalyzer examination, that he or she will be charged with the New Jersey refusal violation. The language of the statement is very specific and it is required for the officer to read the statement to an individual verbatim. At the conclusion of the statement, the individual has an opportunity to answer. If the individual does not answer an unequivocal “yes” to the request to submit to a breathalyzer examination, the officer then reads a secondary paragraph. If, however, an individual, after hearing the first section, indicates simply, “no,” that they will not submit to a New Jersey breathalyzer examination, a refusal will be issued which is extremely difficult to challenge under that set of circumstances.
There are other instances where a person gives less than an equivocal “no” and says something to the effect of, “no, I would like to speak with my lawyer” or “what should I do?” Anything other than a clear “yes” results in an officer reading an additional paragraph again explaining that the refusal violation will be issued if the individual does not submit. At the conclusion of that statement, if the individual does not state, “yes,” then the officer completes the second paragraph and the refusal summons will likely be issued.
With the introduction of the Alcotest® 7110, there are many instances where refusal is issued based upon the actions of the individual in attempting to blow into the machine. The machine is very sensitive. Even an officer, in preparing the machine for a blow, moving the breathing tube too quickly or otherwise maneuvering the breathing tube could cause a false reading result: “Blowing not allowed.” Additionally, there have been instances where individuals have attempted to blow into the machine but have been unable to reach the appropriate liters or volume into the machine as well as the appropriate duration or number of seconds blowing into the machine. There may be defenses to individuals who can prove a pulmonary medical issue, which results in their inability to blow properly into the machine; however, that will likely require the use of medical and DWI experts in order to prove such a deficiency. There are also certain procedural issues, which may come into play with respect to a refusal to submit to a breathalyzer examination.
Contact the experienced New Jersey DWI lawyers of Villani & Deluca, P.C. if you have been charged with a refusal in New Jersey. Call (732) 965-3350 today for a free initial consultation.
Penalties for Refusal in New Jersey
If convicted of a refusal in New Jersey, the penalties can include:
- First Refusal in New Jersey
- Loss of license for up to 1 year
- Fine of up to $500.00
- Required to install an Ignition Interlock Device
- Program and fee requirements according to the IDRC
- Other fines and penalties
- Second Refusal in New Jersey
- Loss of license for up to 2 years
- Fine of up to $1,000.00
- Required to install an Ignition Interlock Device
- Program and fee requirements according to the IDRC
- Other fines and penalties
- Third Refusal in New Jersey
- Loss of license for up to 10 years
- Fine of $1,000.00
- Required to install an Ignition Interlock Device
- Program and fee requirements according to the IDRC
- Other fines and penalties
New Jersey DWI School Zone Violations
If a New Jersey DWI, New Jersey DUI, or New Jersey refusal violation occurs in a school zone, the penalties and fines will double according to the New Jersey statute. In fact, you could be charged and convicted of a school zone violation at 2:00 am in the middle of the summer if you are caught. In order to be charged with and convicted of a New Jersey school zone violation, it does not matter that school was not in session or scheduled to be in session.
Underage DWI or DUI in New Jersey (N.J.S. 39: 4-50.14)
A person who is under the legal drinking age of 21 can be convicted of an “underage DWI” in New Jersey if he or she is caught operating a motor vehicle with a BAC between 0.01% and 0.08%. If the individual blows a BAC of 0.08% or above, he or she will be charged with a first offense DWI or DUI and will be subject to all the fines and penalties normally associated with a New Jersey DWI. However, if the underage individual is below a 0.08%, and charged with underage DWI, this is a serious violation, but is not considered a DWI for future sentencing purposes. The penalties for a New Jersey underage DWI conviction are:
- Forfeiture of your license for up to 90 days;
- Mandatory community service of up to 30 days; and
- Must satisfy the program and fee requirements of IRDC.
If you have been charged with a DWI, DUI, or refusal in New Jersey, call the experienced New Jersey DUI attorneys of Villani & DeLuca at 732-965-3350for a free initial consultation today.