Toms River, NJ DWI/DUI and Refusal Lawyers

During the summer months, traffic can back up for miles on Route 37 with beachgoers traveling to Seaside Park, Seaside Heights, and Island Beach State Park. At night visitors and residents can be seen heading to their favorite restaurants and bars. The surrounding municipalities of Seaside Heights and Brick Township are easily accessible from Toms River roads and are often congested on holiday weekends.

Toms River Police Take Drunk Driving Very Seriously

Police CarDriving over the bridge to Seaside Heights could prove to be a daunting task either on the way there or on the way home, due to the fact that Toms River police officers will be looking to issue DWI, DUI and refusal charges if you have come from a night at Bamboo, Karma, or Hemingway’s. DWI, DUI and refusal charges are not considered criminal or indictable offenses in New Jersey, but that doesn’t make them less serious.

Simply put, if you are driving drunk or operating a motor vehicle under the influence of alcohol or drugs, you can be charged with a DWI or DUI. If you refuse to submit to a breath test or blood test, you will face similar, and in some ways harsher, penalties with a refusal charge.

The DWI/DUI Breath Test Used in Toms River, NJ

One way to be convicted of a DWI or DUI, is if your blood alcohol content (BAC) is at 0.08% or higher, after being tested by the Alcotest® 7110 MKIII-C instrument. The Alcotest® 7110 is the only breath testing device currently in use by New Jersey law enforcement and is much more efficient and scientific than the breathalyzers that were previously used.

If the Alcotest® determines that your BAC is 0.08% or above, you will be charged with drunk driving. The penalties for DWI vary depending on your BAC reading. It is also important to realize that you can be charged and possibly convicted of a DWI even if your BAC is below 0.08%. If a Toms River police officer observes any combination of psycho-physical indicators that an individual is intoxicated, he could charge that individual with a first tier DWI/DUI, even if the individual’s BAC is below 0.08% or no reading was taken at all.

First Tier DWI Penalties (0.08-0.09% BAC)

Penalties for a first offense DWI or DUI are split into three tiers. The first tier includes a BAC of between 0.08% and below 0.10%. Penalties for a first tier offense are: forfeiture of license for 3 months, a fine of up to $400.00, participation in an Intoxicated Driver Resource Center program, other fees and penalties, up to 30 days in jail, and (at the court’s discretion) an ignition interlock device installed in your motor vehicle.

Second Tier DWI Penalties (0.10-0.14% BAC)

A second tier DWI is considered to be above a 0.10% but below a 0.15% BAC level and carries the following penalties, assuming it’s the driver’s first DWI conviction: forfeiture of license for 7 months to 1 year, a $500.00 fine, participation in an Intoxicated Driver Resource Center program, other fees and penalties, up to 30 days in jail, and (at the court’s discretion) the installation of an ignition interlock device in your car.

Third Tier DWI Penalties (0.15% or Higher BAC)

A third tier, first offense DWI or DUI would include those were a reading shows a BAC of 0.15% or higher and penalties would include: forfeiture of license for 7 months to 1 year, a $500.00 fine, participation in an Intoxicated Driver Resource Center program, other fees and penalties, up to 30 days in jail and mandatory installation of an ignition interlock device in your car. The installation of the interlock device also comes with additional mandatory fees.

Call a Toms River DWI Lawyer About Your Charge

If you have been charged with a DWI, DUI, or refusal, contact Alcotest® 7110 trained attorney, Carmine R. Villani, Esq. for a free initial consultation. As a life-long Ocean County resident and experienced New Jersey DWI attorney, Mr. Villani is familiar with the local roads, the Toms River Municipal Court and the procedures the police must follow in processing a DWI. The law offices of Villani & DeLuca are available 24/7 to take your call. Call 732-965-3350 today for a free initial consultation about your Toms River DWI charge!

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