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Drug DUI

Jackson NJ Drug DUI Lawyer DUI Stop

It seems like drug use is becoming more and more common and so too the number of drug dwi offenses issued every year. Whether the controlled dangerous substance is marijuana, prescription drugs, or even heroin, the penalties are the same under N.J.S.A. 39:4-50. You will lose your license for a minimum of seven (7) months and have to absorb many thousands of dollars in financial consequences (e.g. surcharges, fines, increased insure rates, etc.). The flip of all of this is that drug dwi cases tend to be extremely defensible because of a number of factors, including the more complicated nature involved in a prosecutor proving a dui based on being under the influence of CDS. Our attorneys are highly experienced in the defense of driving while intoxicated cases involving drugs like heroin, zanax, oxycondone, and marijuana, to name a few. This experience comes from over 100 years of litigating drug dui cases in towns like Toms River, Brick, Stafford, and Lacey, and many years working on the other side as DWI prosecutors. One of the DWI attorneys on our team is ready to review the facts associated with your motor vehicle stop, ensuing questioning and testing, arrest and any testing and processing that thereafter took place. This consultation is free of charge so there is nothing to lose and everything to gain by calling our office to speak to a lawyer.

Law That Applies to NJ Drug DWI Charges

Driving under the influence of drugs is no different than an alcohol based DWI violation in terms of the law that applies, namely, N.J.S.A. 39:4-50. Notwithstanding, a drug DWI case takes on a very different complexion when it comes to the proofs that must be presented by the prosecutor to prove a 39:4-50 violation. First, the prosecutor must establish the presence of some form of CDS in the blood stream of the accused. This usually is established through a blood test or urine test. Assuming this evidence exists, the prosecutor must demonstrate that the related drugs impaired the accused at the time of the stop. This element is established in non-marijuana based drug DWI cases with testimony from a Drug Recognition Expert (“DRE”). A DRE is a police officer who has undergone significant training in the detection of drug impairment. Very few police in NJ possess this qualification. When the case involves marijuana, testimony of impairment may be provided by any police officer with experience dealing with marijuana use and performance of field sobriety testing.

Penalties for Drug DUI

The drivers license suspension for a first offense, second offense or third offense are the same for 39:4-50 drug charges except for one variation. While the suspension period for a first offense is tiered in the case of alcohol (e.g. 3 months for BAC reading of .08-.099% and 7-12 months for BAC of .10% or more), this does not apply when impairment is due to drugs. The suspension period is 7-12 months when the first offense is for drugs. The monetary consequences are identical for drug and alcohol DWI cases.

Stafford NJ Driving Under the Influence of Drugs Attorney

As previously stated, our lawyers have considerable experience working driving while intoxicated offenses in NJ, particularly in Ocean County. Two of our attorneys also happen to be former prosecutors in many of the towns in the county, including Lacey, Toms River, Stafford, Brick, Barneget Bayville and Waretown. Lawyers are available now to address your questions and guide you through this difficult time. Give us a call.

DWI Towns We Serve in Ocean County

Berkeley DWI Lawyers

Lacey Township DWI Lawyer

Toms River DUI Defense Attorneys

Little Egg Harbor DUI Attorney

Manchester Township DWI Lawyers

Stafford Township DWI Lawyer

Jackson NJ DUI Defense Attorney

Point Pleasant Beach DWI Attorneys

Seaside Heights DUI Attorneys

Barnegat NJ DWI Lawyers

Brick NJ DWI Lawyer

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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