Drug DUI

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.

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.

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.

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.

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