DWI and DUI in Lavallette (N.J.S. 39: 4-50)

DWI, DUI and refusal are serious offenses that can bare many life-changing consequences. If you are caught operating a motor vehicle while under the influence of an intoxicating liquor, narcotic, or habit forming drug (legal or illegal) you could be charged with a DWI or DUI. If you are pulled over and the Lavallette Police Officer finds probable cause, he will ask you to submit to a breath test. If you do agree to submit to the test, you will be taken to the police station and will have the test administered to you by an officer trained to operate the Draeger Alcotest® 7110 MKIII-C breath testing device

Due to the sensitivity and accuracy of the device, the operator will observe you for a period of 20 minutes before asking you to breath into the device. During the observation period, the officer will look for anything that will skew results such as vomiting, burping, and coughing. This is to ensure that both the infrared and electro-chemical sensors take an accurate Blood Alcohol Content (BAC) reading. Since the Alcotest® is such a sensitive device, proper functioning of it during a BAC reading is very important to the State’s case against you and must be presented as evidence during your trial. If the machine malfunctioned or was not used in accordance with the mandated New Jersey procedure, the State’s case against you will be severely damaged. If the machine functioned properly and took a BAC reading of 0.08% or above, you will be charged with a per se DWI or DUI violation.

You can, however, still be charged with a DWI or DUI even if no BAC reading was taken or the reading was below the statutory limit of 0.08%. The State can convict you of a first tier, first offense DWI or DUI if the officer believes that you were in fact impaired and incapable of operating a motor vehicle safely. The officer can testify in court stating that he observed behavior or psychophysical indicators synonymous with DWI or DUI. These indicators could be: glassy eyes, slurred words, staggering, stumbling, and fumbling while producing documentation.  The officer will also likely put you through a series of field sobriety tests.  In either case you are faced with serious penalties that become more severe depending on your BAC level and the number of previous DWI or DUI’s you have been convicted of.

If you have been charged with a DWI, DUI, refusal, or motor vehicle violation in Lavallette, contact the experienced New Jersey DWI lawyers of Villani & DeLuca at 732-892-9050 for a free initial consultation.

  • First  DWI Violation in Lavallette
    • If BAC is 0.08% or higher but less than 0.10%
      • Loss of license for up to 3 Months
      • Fine of up to $400.00
      • 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%
    • Loss of License from 7 months to 1 year
    • Fine of up to $500.00
    • 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
    • Loss of License from 7 months to 1 year
    • Fine of up to $500.00
    • 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
  • Second DWI Violation in Lavallette
    • 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
    • Mandatory installation of an Ignition Interlock Device
    • Mandatory participation in an IDRC program and the required fees
    • Other fines and penalties
  • Third or Subsequent DWI Violation Lavallette
    • 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
    • Mandatory participation in an IDRC program and the required fees
    • Other fines and penalties

If you have been charged with a DWI, DUI, refusal, or motor vehicle violation in Lavallette, contact the experienced New Jersey DWI lawyers of Villani & DeLuca at 732-892-9050 for a free initial consultation.