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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.

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Aggravated DUI Explained

While many people might assume that there is just one category of DUI (driving under the influence), in many states there exists a penalty called aggravated DUI. This type of penalty is reserved for motorists who get behind the wheel under a high influence of alcohol — much higher than the legal limit.

As warranted, the penalties tend to be harsher than those of a regular DUI and are reserved for motorists who are found to have a BAC (blood alcohol concentration) of .10 or greater. In some states the number is a BAC of .15 or higher.

The National Highway Traffic Administration has pushed all states to add this punitive category due to statistics surrounding driving under the influence. If a motorist is driving with a BAC of .08, they are statistically eight times more likely to be involved in an accident. Those with a BAC double .08 see the likelihood of an accident occurring increase to 20 times more likely.

These aggravated DUIs carry penalties that include longer driver’s license suspension or revocation, increased prison time, requirement of an ignition interlock device and other punishments much more harsh than for a first time offense or standard DUI.

NJ DUI Laws Are Strict

Now, New Jersey is one of a handful of states that does not have a specific aggravated DUI category. While this is true, it does not mean the states penalties are not harsh.

A first-time offender can face a prison sentence up to 30 days and see their license suspended for anywhere between three months and one year. It also carries a fine between $250 and $500.

If it is your second offense then the prison sentence jumps to high as 90 days and your license will be suspended for a minimum of two years. The fines increase to between $500 and $1,000.

Finally, a third offense of DUI can carry a prison sentence up to 180 days. Your license would be suspended for 10 years and the fine is a minimum $1,000.

Other fees that can be incurred because of a DUI arrest could be the cost of an intoxicated driver program, a state and municipality fee, motor vehicle restoration fee, surcharge for the drunk driving enforcement fund and a violent crimes compensation fee.

It is also important to not that each DUI offense leaves the offender subject to a requirement of an ignition interlock device. This is determined on a case-by-case basis.

Hiring An Attorney is Your Best Bet

New Jersey does not mess around when it comes to DUIs. That is why an experienced DUI defense attorney can go a long way in helping you fight your charges.

The Law Offices of John W. Tumelty have the experience and skill to help you with your DUI case. Mr. Tumelty will extensively review your case and the evidence against you and determine the best way to face your charges.

Call 609-385-4010 today to set up a consultation.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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