NJ DWI Lawyer

If you are arrested for a DUI, DWI, or DUID, you are required by law to have an NJ DWI lawyer by your side in court. Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) are motor vehicle violations in the State of New Jersey (defined in N.J.S.A. 39: 4-50). Also known as “drunk driving”, DWI charges are considered to be one of the most serious motor vehicle violations in NJ, and needs to be handled by a qualified DUI lawyer.

If you or a loved one been charged with a DWI, DUI or a Breath Test Refusal and are you seeking to keep the DWI charge off your record and save your driver’s license, you will need an experienced New Jersey DWI attorney to represent you and to fight on your behalf.

Our Qualifications

Avvo DUI BadgeCarmine R. Villani, Esq., founding partner of Villani & DeLuca, P.C., is a former Municipal Prosecutor and has experience in both the prosecution and defense of DWI, DUI and refusal charges in New Jersey. Mr. Villani is one of a small number of NJ DWI lawyers trained on both the Alcotest® breath testing device, currently used in New Jersey, as well as the Breathalyzer previously used. When you need a DWI lawyer in Monmouth or Ocean County, New Jersey, you can’t afford to waste time before seeking representation to defend yourself and your rights in court; your choice of legal counsel is important and can mean the difference between a DWI conviction and a dismissal.

Know the New Jersey DWI and DUI Laws

DWI Law: N.J.S.A. 39:4-50 Driving While Intoxicated

Every state deals with such cases differently, but regardless, driving while intoxicated is against the law in New Jersey (as it is everywhere across the nation). A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence. New Jersey is a zero-tolerance state.

New Jersey’s implied consent law requires you to take a breath test after an arrest for DWI. If you refuse and are detained you’ll be subject to penalties. Blood alcohol concentration is measured through a simple breathalyzer or Alcotest®. BAC evidence is not necessarily required to prove a DWI in court, but without it, prosecutors must rely on police officer observations and a more subjective series of tests called Standardized Field Sobriety Testing (SFST).

DUI Law: N.J.S.A. 39:4-50 Driving Under the Influence

If you are pulled over for suspicion of a DUI violation, New Jersey law enforcement won’t care that you were only drowsy because you had to take an over-the-counter medication like medication for your allergies. (That’s why these medications often include warning labels advising not to drive or operate heavy machinery.) This means that you will probably be charged with a DUI (driving under the influence) of drugs and could face the same charges as a person who was driving under the influence of heroin.

Underage DUI Law: N.J.S.A. 39:4-50.14  Underage Driver Under the Influence

Requirements and penalties for inebriated drivers that are under the legal drinking age are even more strict. If a chemical test determines that a driver under 21 has a BAC of .01-.07%, the driver can be charged with underage driving under the influence and lose his or her license for 30 to 90 days, among other penalties. Should the driver have blood alcohol content measuring .08% or more, he or she will face the same charges and penalties as a driver over the age of 21 under the DWI statute.

DWI and DUI Penalties in New Jersey

Being convicted of a DUI is a serious offense, carrying heavy penalties. Penalties for driving while intoxicated vary according to BAC level and how many times you’ve been caught; New Jersey law allows the courts and the Motor Vehicle Commission (MVC) to suspend your license (from 3 months to 10 years), charge thousands of dollars in fines, fees and surcharges, requirement of an ignition interlock device, jail time and community service. Work permits or hardship licenses are not available in New Jersey.

Did you know that you could be arrested for a DWI even if you are not driving? If you let another person drive your car and you know that that person is drunk, then New Jersey law says that you, too, can be convicted of a DWI. The State has made this law to punish people who put drunk drivers on the road just the same as the drunk drivers themselves.

DUI drug offenses in the State of New Jersey are governed by N.J.S.A. 39:4-50. Anyone who is found to be operating a motor vehicle while under the influence of drugs is subject to penalties just as severe as a DWI.

Contact an Experienced NJ DWI Law Firm for Help

Every day, hundreds of Americans die as a result of drunk driving. Driving under the influence is a dangerous situation for everyone that is involved. Because of the serious nature of this offense, penalties for DWI and related offenses in New Jersey can be severe. If you or a loved one has been charged with driving while intoxicated, contact the lawyers of Villani & DeLuca, P.C. to protect your rights as soon as possible. The attorneys at Villani & DeLuca can be reached 24 hours a day, 7 days a week at 732-965-3350. Call today for a free consultation on how to protect your rights.