In New Jersey, a person can be charged with a violation of the DWI statute if he or she operates a motor vehicle while under the influence of a controlled dangerous substance such as marijuana, cocaine, heroin, or prescription medication. However, these cases are highly nuanced, requiring vastly different forms of evidence in order to be successfully substantiated in court. For example, toxicology results (i.e. from urinalysis or blood testing) are a principle component of most drug DUI prosecutions, yet these results are far from conclusive due to the potential for drugs such as marijuana to linger in the system for up to 30 days after initial ingestion. This distinction is critical, as the presence of a drug in your system by no means proves that you were impaired at the time of the alleged offense. As a result, the State typically supplements its case with the findings of a drug recognition expert (DRE), who is trained to administer a series of tests to evaluate your level of impairment. The findings of a DRE may be submitted as evidence, but the report is the assessment of one individual, and any number of errors may have skewed the results. Thoroughly evaluating each and every component of your DUI case can produce a host of effective defense strategies for an attorney who understands the intricacies of these prosecutions. Very often, success comes through knowing what you are looking for and leveraging what you find.
At The Law Offices of Jonathan F. Marshall, we utilize over 100 years of combined experience on both sides of the New Jersey Justice System to craft cogent, compelling defenses on behalf of clients in court rooms across the State. Our highly knowledgeable defense team includes former prosecutors in over 25 municipalities, led by our firm’s founder, a former prosecutor with over 20 years of experience practicing law in New Jersey. With unparalleled credentials and countless court room victories behind us, there is no team better equipped to investigate, analyze, and successfully combat your DUI charges. Contact our offices anytime at 908-722-1011 for a free initial consultation. It is our pleasure to evaluate your case, address your concerns, and provide you with the power that comes when experience and education collide.
Driving Under the Influence of Drugs (DUI) in New Jersey: N.J.S.A. 39:4-50
New Jersey addresses driving under the influence offenses involving drugs and alcohol in Statute N.J.S.A. 39:4-50, which sets forth:
- No person is to operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug;
- A person with a blood alcohol content of 0.08% by weight of blood (BAC) is deemed to be “per se” intoxicated for purposes of determining whether a violation has occurred; and
- No person is to permit another to operate a motor vehicle while under the influence or intoxicating liquor, narcotic, hallucinogenic or habit producing drug.
Penalties for Driving Under the Influence of Drugs (DUI) in New Jersey
The potential penalties associated with a drug DUI offense mirror those of a first offense for driving while intoxicated when the driver’s Blood Alcohol Content (BAC) registers at 0.10 percent or higher. Specifically, a conviction for driving under the influence of drugs may result in:
- A fine ranging from $300-$500
- 12-48 hours of attendance at an Intoxicated Driver Resource Center (IDRC)
- Driver’s license suspension for a period of 7 months to 1 year
- A New Jersey DMV Surcharge of $1,000 per year for 3 years
- A sentence to serve up to 30 days in the county jail
Contact our Somerville NJ Drug DUI Lawyers Today
When charged with driving under the influence of drugs in New Jersey, your time may be limited, but your options are not. At The Law Offices of Jonathan F. Marshall, we evaluate every element of your case, from the circumstances that preceded the traffic stop to police procedure during and after your arrest. For a free assessment of the facts of your case, simply contact our offices at 908-722-1011. One of our talented attorneys is available to immediately assist you.
