Lacey DWI Lawyer - Refusal

Lacey, New Jersey Municipal Court

Getting arrested for DUI in Lacey can land you in a mess of trouble and will cause you to appear in front of a judge at the Lacey Municipal Court. For more information visit the Lacey Municipal Court website for more information.

Lacey Municipal Court
818 West Lacey Road
Forked River, NJ 08731
609-693-1100 ext. 2262

Drunk Driving In Lacey New Jersey

Many drivers who have been stopped on suspicion of DWI in Lanoka Harbor, Forked River, or any other part of Lacey Township have made the mistake of refusing to submit to a breath test. In Lacey and throughout the state of New Jersey, refusal charges are seen as serious offenses that carry significant penalties. The reason for these strict penalties is the “implied consent” which is created when a driver in the state of New Jersey receives his or her driver's license

Lacey Township Refusal - N.J.S.A. 39:4-50.2

“Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in the state shall be deemed to have given his consent to the taking of samples of his breath for the purposes of making chemical tests to determine the content of alcohol in his blood”

  • First time offense- minimum of 7 months license suspension, $1,000 a year surcharge for three years, $300-$500 fine, and 12 hours in a program at the Intoxicated Drivers Resource Center.
  • Second offense- fine is increased to $1,000 and driver license suspension of 2 years (4 years if in a school zone), in addition to the surcharge and program requirement.
  • Third offense- All of the above penalties, with a driver license suspension of 10 years.

As a result of this statute, Lacey drivers have no right to refuse a breath test. Officers can use several different methods for determining whether your blood alcohol concentration (BAC) is above the legal limit of 0.08%. These methods include the Alcotest 7110 Breathalyzer machine or blood or urine samples, all of which are highly reliable in measuring a driver's level of impairment. If you have been pulled over in Lacey Township and have either remained silent, refused to give more than one reading into the machine, intentionally tried to sabotage the reading, or tried to have conditions met such as asking to use the restroom or phone before submitting—you could potentially expose yourself to liability for a breath test refusal.

A Lacey Township Lawyer to Represent You Against A Drunk Driving Charge

Refusal charges in Lacey are very hard to defend in the state of New Jersey. Carmine R. Villani Esq., one of the founding partner of Villani and Deluca P.C., has been practicing criminal defense in Ocean County for over 20 years. Mr. Villani has received training on how to properly use the Alcotest 7110, and has represented clients across Ocean and Monmouth County in these types of matters.

There may be defenses available to Lacey drivers who are charged with DWI refusal. Each refusal case has particular facts and circumstances that make it unique. N.J.S.A. 39:4-50.2 subsections (d) and (e) require that officers not only inform you of the consequences for a refusal but these subsections also prohibit law enforcement from taking a chemical sample by force. The law also requires that officers obtain search warrants before taking a blood or urine sample. Additionally, officers are required to ensure that the driver fully understands the forewarning that refusing a sobriety test will carry consequences under subsection (e) of the statute. If a driver does not fully understand English, recent changes in New Jersey law allow for defenses to be raised in their appropriate circumstances.

Call us Today at Villani & DeLuca P.C.

If you or a loved one has been charged with a DWI refusal in Lanoka Harbor, Forked River, or anywhere else in Lacey Township, Carmine R.Villani Esq. and our team at Villani & Deluca P.C. can help.  Call us today at and discuss your case. Our phone number is 732-965-3999 and the first consultation is absolutely FREE.

Act Now Before It's Too Late!

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Mistakes happen all the time. If a mistake was made by the police or the New Jersey prosecution it should not hurt you and your family. Our experienced NJ DWI Defense Lawyers at Villani & DeLuca regularly protect the legal rights of people who have been charged with DWI / DUI or breath test refusal. This traffic offense carries the possible of jail time and costly fines in New Jersey. The stakes are too high and can last for years. A strong legal defense can often convince the courts to have your drunk driving charges dismissed or reduced. Don't risk your future by defending yourself against a DUI! Contact Villani & Deluca today for a FREE case evaluation on all your pending drunk driving charges.

This website is designed for information purposes only and should not be construed as formal legal advice nor the formation of an attorney/client relationship.