If you are someone who has recently been charged with driving while under the influence of drugs, whether illegal or prescription, you absolutely need the assistance of an experienced Bergen County criminal defense attorney. Please continue reading and give us a call to learn more about the potential consequences you may face and how we can prepare your defense to help you fight the charges. Here are the answers to some of the questions you may have:
What is New Jersey’s Implied Consent Law?
When you drive an automobile in New Jersey, you are deemed to have consented to a breath test to measure your blood alcohol content pursuant to the implied consent law. Essentially, if you are pulled over by a police officer who suspects that you may be driving under the influence of alcohol, that officer has the legal right to ask you to provide a breath test to determine whether you are driving while intoxicated. If you refuse this test, you are committing a separate offense and you will face consequences that can be more serious than if you had submitted to the blood alcohol test, including an automatic license suspension as well as substantial fines. Importantly, the implied consent law does not apply to blood or urine tests, which you may refuse.
There are no breath tests to measure whether you are driving under the influence of drugs, which means that implied consent does not apply to those who are pulled over under the suspicion of driving under the influence of drugs. Therefore, if an officer stops you because he or she believes you are operating your vehicle under the influence of drugs, you do not have to submit to chemical testing. If you refuse chemical testing for drugs, the officer cannot impose legal consequences
What happens if I am convicted of driving under the influence of alcohol or drugs in New Jersey?
If you are convicted of driving under the influence, you face a wide array of consequences. They are as follows:
First offense:
- You may face a fine of up to $500 You may lose your right to operate your vehicle on highways in New Jersey for up to one year
- You may be required to attend instruction at the Intoxicated Driver Resource Center (IDRC for 12-48 hours
- You may go to jail for up to 30 days
Second offense:
- You may face a fine between $500 and $1,000
- You may lose your right to operate a motor vehicle on highways in New Jersey for up to two years
- You may have to do community service for up to 30 days
- You may spend up to 90 days in jail
- You will have to install the Ignition Interlock Device
Third or subsequent offense:
- You will face a fine of up to $1,000
- At least 180 days in the county jail
- You may have to participate in a drug/alcohol inpatient rehab program
- You may lose your right to operate a vehicle on the highways in New Jersey for 10 years
- You will have to install the Ignition Interlock Device
In addition, if you are convicted of driving under the influence of alcohol or drugs, you will incur an increase in your insurance premium.
Contact our experienced New Jersey firm
We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate, knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years, which is why we know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.