DWI / DUI Lawyer in Atlantic City

If you or someone you know has been arrested and charged with driving while under the influence of drugs or alcohol (DWI/DUI) anywhere 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 our experienced DWI defense lawyer, John W. Tumelty.

For more than 35 years, Mr. Tumelty has been representing good people, just like you, who have made mistakes and been charged with DUI or DWI in Atlantic and Cape May counties.

As the founding partner of the Law Offices of John W. Tumelty, he is a skilled negotiator and a tenacious litigator. He’s 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, that 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.

What Are the Consequences of a New Jersey DWI or DUI Conviction?

Penalties for a DWI conviction in NJ include license suspension, potential jail time, fines, and other financial penalties. Under recent changes to New Jersey law, the consequences of a DUI depend on, among other things, your blood alcohol level and whether you have a prior history of DUI offenses.

First Convictions

For a first offense with a blood alcohol level under 0.10%, you can be fined $250 to $400, lose your license until you install an interlock ignition device in your primary vehicle, and be required to maintain an interlock device in your vehicle for three months.

If your alcohol level was between 0.10% and 0.15%, you could be fined $300 to $500, lose your license until you have an interlock device installed, and be required to keep the interlock device for seven months to one year.

First offenders in the highest tier of blood alcohol levels can be fined $300 to $500, lose their license for three months, and be required to have an interlock device installed during this suspension and for 12 to 15 additional months.

All first offenders could potentially face up to 30 days of jail time under state law, regardless of their alcohol levels.

Second Convictions

For a second DUI conviction, you could be fined $500 to $1,000. Your license can be suspended for one to two years, and you must install an interlock device not only during this period but for two to four years after reinstatement. You could be sentenced to a jail term of two days to 90 days.

Third and Subsequent Convictions

Any further convictions result in more severe penalties. The fine for a third or subsequent DUI violation is $1,000. Jail time for this offense amounts to 180 days, although a court could allow you to serve 90 days of that term in an in-patient Intoxicated Driver Resource Center (IDRC) program. You will need to have an interlock device installed in your vehicle for the duration of an eight-year suspension of your driver’s license plus an additional two to four years.

Breath Test Refusal Penalties

Refusing a breath test in NJ comes with its own consequences that don’t cancel out the possibility of a DUI conviction. For a first offense, refusing a breath test can result in a fine of $300 to $500, the loss of your license until you install an interlock device, and a requirement to maintain this device for nine to 15 months.

If the refusal constitutes a second offense, you can be fined $500 to $1,000 and have to install an interlock device for the duration of a one- to two-year license suspension plus two to four additional years.

Third and subsequent offenses can result in fines of $1,000, loss of a driver’s license for eight years, and the requirement to have an ignition interlock device installed throughout this suspension, plus an additional two to four years after getting your license back.

Mitigating DUI Penalties

One potential path to mitigating DUI penalties is pre-installing an interlock device before any conviction occurs. Current state law allows defendants with licenses otherwise in good standing who pre-install this device to have fines waived and earn credit toward their driving suspension. Your DWI/DUI lawyer in Atlantic City can help you explore this option and whether pre-installing an ignition interlock device is the right choice for you.

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 by police for suspicion of drunk driving in Atlantic City, you may 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 DUI or DWI. This is not correct. If you refuse a breath test when stopped by the police, you can still be charged with a DUI/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 South Jersey, call Mr. Tumelty right away for a free, confidential consultation. He is available 24/7 to take your call.

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 DUI Charges

No matter how strong the evidence in your case might be, practically any DUI / 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 DUI/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 DUI or DWI case.

Contact the Law Offices of John W. Tumelty to speak with our 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 Atlantic City. Mr. Tumelty will thoroughly review the evidence against you and determine the best way to beat your charges.