Due to the plentiful activities and attractions in the Long Beach Island area and the subsequent population explosion during the summer months, it is no surprise that LBI sees hundreds of DWI, DUI, and refusal charges per year written throughout its six municipalities. While such charges are not criminal, they are still quite serious and have long-lasting, life-altering repercussions.
If you have been charged with DWI, DUI, or refusal, the experienced New Jersey DWI attorneys at Villani and DeLuca can help. Call 732-782-9833 today for a free initial consultation.
What will happen if I'm charged with a DWI or DUI?
If you are caught operating a motor vehicle, motorcycle, or boat while under the influence of an intoxicating liquor, habit forming drug (legal or illegal), or a narcotic, you will be charged with a DWI or DUI. In order for you to be charged as such, a Long Beach Island Police Officer must read a standard statement outlining your legal rights and obligations regarding DWI violations, and then ask if you will submit to a chemical test to determine your Blood Alcohol Content (BAC). If you agree to submit to the test and your answer is unambiguous, the officer will take you to a Long Beach Island Police Station (depending on which municipality you were stopped in) where a trained officer will administer a BAC test using the Draeger Alcotest®. Since the device is so sensitive, the New Jersey legislature has mandated that the officer must observe you for a period of no less than 20 minutes before he asks you to breathe into the machine, in order to ensure that you will not do anything that may skew the results. Once you breathe into the device, your BAC will be taken using both infrared and electro-chemical sensors. If the machine performs without malfunction and it takes a BAC reading of 0.08% or above, you will be charged with a per se DWI.
If, however, your BAC reading is under 0.08% or the officer has not administered a BAC test, you might still be charged with a DWI. You can be written a DWI charge if the officer believes that you are impaired. He may testify in court that the charge was proper if he observed the smell of alcohol, or observed you staggering, slurring words, or fumbling while attempting to produce necessary documentation. If you are charged with a DWI, it's likely that you performed poorly on field sobriety tests administered to you by the officer. Without a BAC reading or one below the statutory limit, the State or municipality can only charge and convict you of a first tier, first offense DWI.
If you have been charged with a DWI, DUI, or refusal, contact the experienced New Jersey DWI lawyers from Villani & DeLuca for a FREE initial consultation. Call today 732-782-9833.