Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

Available 24/7

609.345.3300

RECENT DWI & CRIMINAL DEFENSE RESULTS

STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — “NOT GUILTY” VERDICT

Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found “not guilty” of all charges.

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for Over 30 years

Other areas we serve

The Difference Between Jail and Prison

Jail and prison are two separate entities that are often mixed up. The difference between jail and prison is mostly the length of stay for inmates. Jail is more for a short-term sentence, while prison is for those with a long-term sentence. When thinking about it, though, prison seems like the more intense of the two, does it…Continue Reading

What You Need to Know About Recorded Phone Calls in Jail

What You Need to Know About Recorded Phone Calls in Jail

Being in jail means a lot of your rights are seemingly stripped from you, but there are still a lot of rights you have that, if broken by jail workers, could work out really well in your favor. One of these rights is the use of the phone, and what can and can’t be recorded…Continue Reading

Learn More About Early Termination of Probation

Learn More About Early Termination of Probation

  Early probation is something many people facing jail time seek. Some believe that it can be tough to get early probation, but if done right, it may not be as difficult as you might think. Specific to New Jersey law, there are a few different ways you might be able to get early probation if…Continue Reading

Atlantic City, New Jersey DWI Attorney Helps You Avoid the Most Serious Drunk Driving Penalties


If you or someone you know has been arrested and charged with driving while under the influence of drugs or alcohol (DWI/DUI) in South Jersey, you need a criminal defense attorney who will fight for your rights, your license, and your freedom. You can protect your future by contacting experienced DWI defense lawyer John W. Tumelty.

For more than 30 years, Mr. Tumelty has been representing good people, just like you, who have made mistakes and been charged with DWI in Atlantic and Cape May counties. As founding partner of the Law Offices of John W. Tumelty, he is a skilled negotiator and a tenacious litigator. A former Deputy Attorney General with the New Jersey Attorney General’s Office, Division of Criminal Justice, and a former assistant county prosecutor with the Atlantic County Prosecutor’s Office, he now focuses on protecting the rights of people charged with crimes throughout South Jersey including Atlantic City, Galloway, Longport and Glassboro. Mr. Tumelty is also a New Jersey Supreme Court Certified Criminal Trial Attorney and New Jersey Supreme Court Municipal Court Law Attorney. His trial experience on both sides of the legal system gives him unique insight into how a prosecutor handles DWI cases.

For answers to specific questions, check out the NJ DWI Frequently Asked Questions page on this site.

When Can You Be Charged with Driving While Intoxicated in New Jersey?

DWI violations in New Jersey are governed by N.J.S.A. 39:4-50. The law requires drivers to maintain a blood alcohol content (BAC) below .08 percent. A person’s BAC is measured in volume of alcohol per liter of blood. The more you drink, the more your BAC increases. The fact is that it doesn’t take many drinks for a person’s BAC to exceed the legal limit in New Jersey. Whether it’s your first offense or a repeat offense, you could face significant penalties, including jail time, loss of your driver’s license, and costly fines and surcharges. You could also be ordered to install an ignition interlock device on your vehicles.

If you are stopped for suspicion of drunk driving in New Jersey, you can be compelled to take a Breathalyzer test. A lot of people think that if they refuse to take a breath test, they can’t be charged with a DWI. This is not correct. If you refuse a breath test when stopped by the police, you can still be charged with a DWI violation because the police officer’s observations will be admissible as evidence against you in court. Worst of all, you may also face additional charges and serious penalties for refusal to submit to a breath test. Since judges can impose sentences for DUI and refusal consecutively, you could lose your driver’s license for an extended period of time.

DWI charges are extremely common in New Jersey. If you’ve been charged with a DWI in New Jersey, call Mr. Tumelty right away for a free, confidential consultation.

  • DWI Drugs: The DWI law in New Jersey is extremely broad and applies to both alcohol intoxication and drugs.
  • Alcohol Treatment following a DWI Arrest: If you are convicted of a DWI, you may be required to attend alcohol education classes at the Intoxicated Driver Resource Center (IDRC). Sometimes as part of a suspended sentencing arrangement or as a condition of probation, a judge may order DWI offenders to attend these programs in order to learn about alcohol dependency and the consequences of drunk driving.
  • Boating DWI: New Jersey has DWI laws that make it illegal to operate a boat while intoxicated.
  • Commercial Driver DWI: If you hold a CDL, you can face enhanced penalties for a DWI while operating a commercial vehicle.
  • Out-of-State Driver DWI: New Jersey has interstate agreements with other states to impose DWI penalties and share information on individuals convicted of DWIs.
  • Underage DUI: New Jersey has a zero tolerance policy for underage drinkers. A minor with blood alcohol content (BAC) above 0.01 percent can be charged with underage DUI.
  • Drunk driving accidents: If you cause an accident while driving drunk, you may be charged with vehicular assault or homicide.
  • Driving while suspended for DUI/DWI

Former State Prosecutor Has Advanced Defense Strategies to Beat Your DWI Charges

No matter how strong the evidence in your case might be, practically any DWI case can be beaten. Mr. Tumelty’s many years of experience as both a prosecutor and a criminal defense attorney have allowed him to develop advanced DWI defense strategies that he can and will use to help you beat your DWI charges.

You should never assume that the breath test reading in your case is valid. The Alcotest 7110, the machine used by law enforcement to determine a driver’s blood alcohol content, is far from perfect. In fact, there are numerous instances of device glitches. There are also physiological issues that can complicate breath test results. During his many years of experience defending clients against drunk driving charges, he has successfully challenged breath test results in New Jersey DWI cases. View more of his recent DUI/DWI successes.

Law enforcement may also use a blood or urine test to determine a driver’s blood alcohol content. However, the police must follow strict guidelines when administering blood and urine tests. Most of the time, the police cannot force you to provide blood or urine. If the police officer in your case misled you into believing that you had no choice, Mr. Tumelty may be able to get your blood test results declared inadmissible in court. He also has access to experts who will retest your blood or urine sample and verify the accuracy of the results.

Experienced New Jersey DWI Defense Attorney Fights Your DWI Charges and Helps You Keep Your License

If you’ve been accused of driving while intoxicated on the NJ Parkway, AC Expressway, Route 9, Route 40, Route 30, Route 37, Route 35, or any other major road in New Jersey, you need the advice of an experienced DWI defense attorney. Do not assume that you have to plead guilty. Always speak with an attorney before making any decisions about how to proceed with your DWI case.

Contact the Law Offices of John W. Tumelty to speak with an experienced DWI defense attorney who represents clients in Cape May and Atlantic counties. You can call Mr. Tumelty day or night, or you can fill out the convenient online contact form to schedule a free consultation at his offices in Marmora or Somers Point. Mr. Tumelty will thoroughly review the evidence against you and determine the best way to beat your charges.

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Atlantic County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1 S. NEW YORK AVENUE, SUITE 212
ATLANTIC CITY, NJ 08401

609.345.3300

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1616 PACIFIC AVENUE, SUITE 318
ATLANTIC CITY, NJ 08401

609.385.4010

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1555 ZION ROAD, SUITE 203
NORTHFIELD, NJ 08225

609.435.1435

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786

Areas We Serve

Atlantic County Offices

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786 Get Directions

Seasoned criminal defense lawyer John W. Tumelty has three conveniently located offices in Atlantic City, Somers Point and Marmora, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Cape May, Dennis Township, Egg Harbor Township, Galloway Township, Hamilton Township, Hammonton, Linwood, Lower Township, Margate, Middle Township, Northfield, Ocean City, Pleasantville, Sea Isle City, Somers Point, Stone Harbor, Upper Township, Ventnor and Wildwood.