In New Jersey, you will be arrested for driving while under the influence of alcohol or drugs. Many people think that this only means illegal narcotics such as Marijuana, Heroin, or Cocaine but most of our drug DWI cases involve legally prescribed prescription drugs. Our state treats all DWI cases the same, whether they involve alcohol, illegal drugs, or even prescription medication. In all cases, police will always form the foundation of their and probable cause from the Standardized Field Sobriety Testing that they administer at the scene on the roadside. In order to help bolster their case against you, police officers will often require you to give them a urine sample which they will send to the state lab for testing. Moreover, a police officer trained as a drug recognition expert “DRE” will often be called in to give you a serious of tests to establish that you are under the influence and what type of narcotic is most likely in your system. However, an experienced DWI defense attorney can often challenge the reliability of the DRE report and the results of the urine test in an effort to dismiss the state’s case against you. If you or a loved has been charged with a DWI for being under the influence of drugs, then it is vital that you seek out and retain experienced, skilled, and aggressive legal counsel. At Proetta & Oliver, our attorneys dedicate a significant portion of their practice to assisting clients with first offense, second offense, and third offense DUI and DWI charges throughout New Jersey including Roselle Park, Linden, Cranford, Elizabeth, Springfield, Clark and Union Twp. For a free consultation with an experienced DUI attorney, contact our conveniently located offices in Cranford and North Edison at (908) 838-0150 or visit our DWI Resource Page.
New Jersey Drug DUI Law
We have attached the New Jersey Drug DUI law under N.J.S.A. 39: 4-50, in pertinent part, for your convenience:
“a person who operates a motor vehicle while under the influence of… narcotic, hallucinogenic or habit-producing drug… or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control.”
Drug DUI Penalties in New Jersey
The fines, assessments and monetary penalties are stiff if you simply accept your driving while intoxicated charge. A minimum surcharge of $1,000 a year for three years, fines and assessments of between $800 and $1,500, and increased insurance rates are some of the consequences you might be facing. There is also a mandatory drivers license suspension which becomes steadily worse depending on your prior record. There is a 7 month to 1 year loss of license for a first offense, 2 years for a second offense, and 10 years for a third offense (or subsequent one). Jail is discretionary on a first offense but a mandatory 2-90 days for a second offense and 180 days for a third offense. As you can see, the consequences for your first, second, or third degree DWI charge are grave and carry the additional stigma and inconvenience regarding employment and transportation difficulties. Other penalties include mandatory drug and alcohol counseling, community service, and installation of an ignition interlock device. Other less obvious penalties include financial constraints, diminished reputation, and interference with job and family time. To learn more about the potential penalties of a drug DWI and how our attorneys may be able to help you, contact us at (908) 838-0150 for a free consultation.