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Former prosecutor

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New Jersey Criminal Defense and DUI attorney
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Former State Prosecutor and Criminal Trial Attorney

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

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Atlantic City, NJ Commercial Driver DWI Lawyer Helps Clients Avoid Significant DWI Penalties


If you’ve been charged with a CDL DUI in South Jersey, it is imperative that you speak with an experienced, local DWI attorney immediately. Since commercially licensed drivers are held to a higher standard than other drivers, NJ prosecutors have leeway to impose enhanced penalties for a CDL DUI. You can get your commercial license permanently revoked if you don’t have the right lawyer to fight for you and defend your legal rights.

John W. Tumelty is a former state prosecutor and a former Atlantic County prosecutor with 30 years of criminal law experience. He has successfully defended many other NJ residents and visitors who have been charged with DWI in Atlantic and Cape May counties. To learn more about the strategies Mr. Tumelty uses to beat CDL DWI penalties in New Jersey, please keep reading this page. For more general information about DWIs and answers to specific questions, view the DWI Frequently Asked Questions page on this site.

What are the Penalties for a Commercial DWI in New Jersey?

If you’ve been arrested for drunk driving in New Jersey, you could face significant penalties, including heavy fines, Motor Vehicle Commission (MVC) surcharges, and possible jail time. In addition to these penalties, a commercial driver who is charged with a DUI in New Jersey may be hit with enhanced penalties:

  • A conviction for a CDL DUI will result in a suspension of your driver’s license for one year.
  • If you were behind the wheel of a Hazmat truck, you can lose your license for three years.
  • If this was your second DWI offense, your license may be suspended indefinitely.

In addition to enhanced penalties, the threshold for a DWI violation is significantly lower for commercial truck drivers. The legal limit for most drivers in New Jersey .08 percent blood alcohol content (BAC). However, commercial truck drivers are held to a higher standard and can be charged with DWI if they have a BAC as low as .04 percent. Additionally, the penalties can apply to commercial drivers even if they are driving a personal vehicle while off-duty.

Since the threshold for a DUI is lower for commercial drivers, it is important that you have an experienced DUI attorney who knows how to effectively challenge the results of an alcohol test and blood and urine tests. As the founding partner of his law firm, John Tumelty handles commercial vehicle drunk driving cases on a daily basis throughout New Jersey. His unique experience as a prosecutor informs his current work defending clients against DWI charges and gives him special insight into how NJ prosecutors typically handle these kinds of cases.

Laws You Must Know When Charged with DWI in New Jersey

  • Field sobriety tests can be administered only under certain circumstances – after an accident or when the driver is suspected of using a controlled dangerous substance or being under the influence of alcohol.
  • The tests must be conducted by qualified professionals.
  • The machine used to test the driver’s breath, blood or urine sample must be properly calibrated and maintained.
  • Any failure on the part of law enforcement when administering your breath, blood or urine test can potentially be used by a knowledgeable DUI attorney to get the test results thrown out in court.

John Tumelty will hold law enforcement accountable if any of the guidelines are not followed to the letter of the law. In fact, he has helped many people beat CDL DWI charges because police officers often fail to follow the testing laws strictly.

John W. Tumelty is an Experienced South Jersey CDL DUI Attorney Who Will Fight to Protect Your Commercial Driver’s License

Do not risk your future or your livelihood. If you are a commercial truck driver and you lose your license, how will you earn a living? Even if you live outside of NJ, don’t be fooled into thinking your home state motor vehicle agency won’t find out about your New Jersey charges. The NJ Department of Motor Vehicles will share the information swiftly and you will be facing the penalties at home.

You need to have an experienced South Jersey DWI attorney on your side. Without experienced legal counsel to assist you and guide you through the legal system, it can be difficult to negotiate with prosecutors and work out a favorable plea agreement. This is because NJ prosecutors, in recognition of the dangers posed by trucks and as a matter of public policy, often seek maximum punishments in commercial DWI cases.

John W. Tumelty has years of experience representing commercial drivers charged with DWIs in Atlantic City, Brigantine, Longport, Ventnor, Margate, and throughout South Jersey courts. As a result of his many successes in the courtroom, Mr. Tumelty has developed advanced DWI defense strategies that he can and will use to help you beat your CDL DWI charges and protect your license, your job, and your freedom. Call Mr. Tumelty today, or fill out the online contact form to schedule an appointment at one of his offices in Marmora or Somers Point.

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