Cape May County DWI Lawyer Defending Clients Throughout South Jersey

DUI Criminal Defense Attorney in Cape May County

Have you been charged with driving while intoxicated, driving under the influence or a DWI in South Jersey? Whether you have a good driving record and no prior convictions for any criminal or traffic offenses, or if you have one or more DWI convictions on your record already, you need an aggressive and experienced criminal defense lawyer on your side.

I am John W. Tumelty, a Cape May County attorney with more than 30 years of criminal and DUI law experience. I am a former deputy attorney general with the New Jersey Division of Criminal Justice and a former assistant prosecutor with the Atlantic County Prosecutor’s Office. I am also a New Jersey Supreme Court-certified criminal trial attorney. If you have been accused of drunk driving, contact my law firm today for a free consultation, I’m available 24/7.

The penalties for DUI (driving under the influence) and DWI (driving while intoxicated) offenses can be very serious. If you’ve been arrested for DUI or DWI in Atlantic City, Ocean City, Sea Isle, Avalon, Stone Harbor, Wildwood, Atlantic County, Cape May County, or another area within New Jersey, you should understand all of the defenses that may be available to you.

These defenses as a DUI or DWI defendant vary. Below is a look at some common DUI/DWI/Drunk Driving cases that I work with and am available 24/7 to take your call.

Answering Your DWI Questions

Did the police have a right to stop my car? Will I be able to get my license back? Will I go to jail? I can answer your questions about any of the following topics:

• DWI penalties: If you have been charged with DWI, you could be facing serious penalties, especially if you already have a drunk driving conviction on your record.
• Driver’s license suspension:  In New Jersey, if you are convicted of DWI, your driver’s license can be suspended either until you get an ignition interlock device installed or for a minimum of three months, and possibly much longer, depending on the amount of alcohol in your blood and your history of prior DUI offenses.
• Blood alcohol content (BAC): One major way that prosecutors prove DWI charges is through test results showing blood alcohol content: the percentage of alcohol in your bloodstream.
• The Alcotest machine: This breath test machine is now used throughout New Jersey in DWI cases, so you need an attorney who understands what it is and how it works.
• Drunk driving accidents: If you are accused of causing an accident while driving drunk, you may be charged with vehicular assault or homicide in addition to DWI.
• Boating DWI: In New Jersey, the DWI laws for boating are essentially the same as for driving. I represent many clients who have been charged with boating while intoxicated.
• Underage DWI: Under New Jersey’s zero tolerance law, if you are under 21 and are caught with any alcohol in your system while driving, you can lose your license.
• DWI for drugs: A person may be charged with a DWI if he or she is found to be driving under the influence of a narcotic, hallucinogen or other illegal substance.
• Roadblocks and DWI charges: The police must follow strict guidelines when putting up roadblocks. If you were arrested at a roadblock, I will carefully investigate the procedures followed by the police department in an effort to challenge the legality of the roadblock.
• Breath test refusal: If you refused to take the Alcotest, you could be charged with breath test refusal, a separate offense from DWI that also carries serious penalties.
• Ignition interlock devices: The court may order the use of ignition interlock devices for offenders convicted of DUIs. Having this device installed and operational, as required, is done at your own expense. In some instances, pre-installing an interlock device before a conviction can help you get fines waived and reduce the length of your license suspension. 
• DWI court process: I will aggressively protect your interests at all stages of the DWI court process.
• No hardship permits: New Jersey does not allow any type of special driving permit if you are found guilty of a DWI offense. A potential loss of driver’s license is a harsh penalty. You need an aggressive attorney who knows how to successfully defend a DWI case to save your license.

The Latest Updates on DUI/DWI Penalties

Frequent changes to state laws make it essential to choose a New Jersey DUI attorney who is constantly up to date on the latest penalties, procedures, and opportunities to improve clients’ situations. 

Recent legislative changes have added new concerns to NJ’s DUI penalties. 

For all offenses, defendants who are convicted are subject to the following consequences: 

• DWI surcharge ($125) 
• Drunk Driving Enforcement Fund (DDEF) surcharge ($100)
• Assessments ($6)
• Court costs (up to $33) 
• Safe Neighborhood Services Fund (SNSF) ($75)
• Victims of Crime Compensation Office (VCCO) ($50) 

Typically, offenders are also required to complete an Intoxicated Driver Resource Center (IDRC) course at their expense.

Penalties for a First DUI Offense 

First offenders convicted of a DUI in New Jersey can be sent to jail for up to 30 days, although jail time is not mandatory for a first offense. With a BAC in the lowest tier, a first offender can be fined $250 to $400. First-time DUI offenders with a BAC of 0.10% or above can be fined $300 to $500. 

Loss of licensure is another significant consequence of a DUI. If your BAC was in the lowest tier, you could lose your driving privileges until you install an ignition interlock device in your principal vehicle, and you must keep this device for three months. With a BAC between 0.10% and 0.15%, you must keep the interlock device for a period of seven months to one year. Offenders with a BAC above 0.15% lose their license for three months and must have an interlock device installed in their primary vehicle during this period and for an additional 12 to 15 months after. 

Consequences of a Second DUI Offense

Your second DUI offense could send you to jail for two days to 90 days. Depending on the circumstances, a court may agree to allow you to serve two days of your imprisonment in an IDRC. 

The fine imposed for a second DUI conviction is $500 to $1,000. 

The loss of your driver’s license following a second offense can last one to two years. During this time and for another two to four years after, you may be required to have an ignition interlock device installed in your primary vehicle. 

Sentencing for Third and Subsequent Violations 

The harshest DUI penalties under state law apply when convicted of a third or subsequent offense. You could spend six months in jail, although 90 days of that sentence could potentially be served in an in-patient IDRC program. 

For a third or subsequent conviction, the fine for a DUI offense is $1,000. 

You also face an eight-year suspension of your driver’s license. Throughout this suspension and for two to four years after having your license restored, you must have an interlock device installed in your primary vehicle. 

DUI Fee Waivers and License Loss Credits

One benefit of having a knowledgeable New Jersey DUI criminal defense attorney on your side is ensuring that you can take advantage of all possible opportunities to mitigate the penalties of an offense. Under current law, pre-installing an ignition interlock device in your vehicle, as long as your license was otherwise in good standing at the time of the offense and through the time of conviction, can allow you to get the fine waived and award a credit of one day against the loss of your license for every two days the interlock device is installed.

When it comes to investigating your case and preparing your DWI/DUI defense, time is of the essence. Don’t hesitate to contact me today at 609-390-4600 to discuss what I can do to aggressively defend you against New Jersey drunk driving charges. I have offices in Atlantic and Cape May Counties.