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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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How Many Drinks is Too Many to Drive?

If you are pulled over in New Jersey and the police administer a Breathalyzer test, you may be at risk of being charged with a DUI/DWI. It is illegal to operate a vehicle if your Blood Alcohol Content (BAC) is over .08 percent.

The fines and penalties for driving under the influence are severe. If a driver’s BAC is .08 percent or above but less than 0.10 percent, the penalties in NJ could be a fine of $250-$400, imprisonment for up to 30 days, a 3-month license suspens ion and an auto insurance surcharge of $1,000 a year for three years.

If the driver’s BAC is 0.10 percent or higher, the consequences are more severe, and subsequent offenses will result in huge fines, long-term license suspension, and potential jail time.

The best way to avoid being charged with a DUI/DWI is to know your limit. There is a common misconception that if you “just stick to beer,” your driving will not be impaired. In reality, it’s not about what you drink, but how many drinks you have.

“One drink” could leave you with a BAC of .02, or it can bring you to .04 – halfway to the legal limit. One 12-ounce glass of beer has the same effect on your BAC as one five-ounce glass of wine or a single shot of liquor.

How an individual is affected by alcohol also varies widely depending on the person’s gender, weight and stomach contents. A person drinking on a full stomach will metabolize alcohol faster, leaving them less impaired than a person who hasn’t had dinner.

As a general rule, if you’ve had more than one drink, regardless of how you feel, you are likely flirting with the legal limit. Once you’ve had a BAC over .08 recorded by the police, it will be far more difficult to beat a potential DUI/DWI charge.

These charts, provided by the National Highway Traffic Safety Administration, should help you to understand the affect alcohol will have on your ability to drive.

The best defense to any criminal charge is to immediately retain the services of a experienced and knowledgeable criminal defense attorney. Contact The Law Offices of John W. Tumelty for elite criminal defense in New Jersey today, and discuss your case over a free consultation.


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