Driving Under the Influence of Drugs in New Jersey

Driving under the influence of drugs(DUID), drug DWI, or drug DUI carries serious penalties. However, driving under the influence of drugs is much more difficult to prove than an alcohol DUI. Given the difficulty of building a case, it is important to hire a New Jersey drug DUI attorney. Douglas Herring has years of experience defending people from these types of charges. If you are facing drug DWI charges contact us today to learn how we can help you.

What Drugs Can’t You Use While Driving?

New Jersey Statute 39:4-50 prohibit driving under the influence of “any narcotic, hallucinogenic or habit-producing drug.” This includes all illegal drugs, as well as over-the-counter medication, and prescription medication. These drugs include but are not limited to, marijuana, cocaine, opiates, and other forms of controlled substances.

New Jersey classifies all of these drugs in the same category because of the ability to impair someone’s driving ability. Just because you are prescribed medication does not mean you can drive under the influence of said medication.

Proving Drug DUIs

The main issue with proving drug DUIs is the fact that chemical tests do not accurately reflect the level of an individuals intoxication when it comes to drugs. A chemical test can establish the existence of a drug in a person’s body, but it doesn’t necessarily mean they are intoxicated. For example, marijuana can stay in your bloodstream for thirty days, but the effects only last for a few hours.

New Jersey uses drug recognition experts to build a driving under the influence of drugs case. These officers receive special training to spot the signs of impairment from certain drugs. However, just like other sobriety tests, these tests have their flaws.

Additionally, New Jersey does not have an implied consent law with respect to driving under the influence of drugs. Therefore, you do not have to submit to this testing. You can politely and respectfully decline to answer questions or refuse to take a drug sobriety test. Unlike driving under the influence of alcohol, this will not result in an immediate suspension of your license.

An attorney with experience can challenge the results and accuracy of these tests. Obviously, every case is different so you will want to speak with Attorney Herring about your case.

New Jersey DUID Penalties

New Jersey treats driving under the influence of drugs and alcohol the same way. The penalties are as follows:

First Offense

  • Fines: Between $250-$500
  • Jail Time: Up to 30 days
  • License Suspension: From 3 months to 1 year

Second Offense

  • Fines: Between $500-$1,000
  • Jail Time: 48 hour minimum up to 90 days
  • License Suspension: 2 yearsr

Third Offense

  • Fines: $1,000
  • Jail Time: Not less than 180 days
  • License Suspension: 10 yearsr

In addition to these penalties, the court can mandate community service, drug education classes, or drug and alcohol treatment.