Driving under the influence of drugs is a specific offense subsumed under the statute that addresses driving while intoxicated offenses. However, the State utilizes very different forms of evidence when attempting to prove these charges in a court of law. For instance, these cases typically involve a Drug Recognition Expert (DRE), who is employed by the State to identify signs of being under the influence of controlled dangerous substances. The DRE will conduct a series of tests after which he or she generates a report outlining his or her findings. The prosecution may then use these findings to support its argument against you. The other form of evidence may be the results of a urine analysis used to detect the presence of drugs in your system. However, these tests are entirely insufficient, as a substance such as marijuana may linger in your system for up to 30 days after ingestion.
The attorneys at Breslow Law Offices know the tools used to construct the State’s arguments because they participated in this process countless times while working as Prosecutors. They now utilize this invaluable experience to achieve dismissals and positive outcomes for their clients as dedicated defense attorneys. For a free consultation, contact their Essex County office anytime.
Driving under the Influence of Drugs (DUI) in New Jersey: N.J.S.A. 39:4-50
Driving under the influence of drugs offenses are included in section N.J.S.A. 39:4-50, which also addresses violations for driving while intoxicated. The statute reads:
If the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year.
Charges for DUI New Jersey
A conviction for driving under the influence of drugs can mean a host of serious repercussions, including:
- License suspension: 7 months to 1 year
- Fine: $300 to $500
- Intoxicated Driver Resource Center (IDRC): 12-48 hours
- Sentence to serve up to 30 days in the county jail
The attorneys at Breslow Law Offices always attempt to undermine each component of the prosecution’s case, aggressively confronting DUI allegations with a well-formulated strategy. To speak with them about your pending legal matter, contact their offices for cost-free case analysis.