Driving while under the influence of drugs is against the law, but the consequences for doing so and the criteria for determining whether someone is, in fact, under the influence of drugs, are different than with alcohol. Read on and speak with our Hackensack criminal law attorneys to learn more about drug DUIs in NJ and how we can help you fight yours.
Does NJ’s implied consent law apply to drug DUIs?
New Jersey has an implied consent law in place. Essentially, this law means that if an officer suspects a person is driving under the influence of alcohol, the driver is legally obligated to submit to a breath test. If the driver refuses to take the breathalyzer test, he or she will most likely face refusal charges, which can warrant a license suspension, high fines, and more.
That being said, if an officer suspects you are driving while under the influence of drugs, you are not required, by law, to submit to blood or urine testing, and there are no breath tests that can determine whether a person is currently operating their motor vehicle while under the influence of drugs.
What are the penalties for drug DUI convictions in NJ?
There are various penalties for drug DUI convictions. The harshness of those penalties depends on whether this is your first, second, or subsequent DUI, among other factors. The penalties for a first-offense drug DUI in NJ are as follows:
- A potential 1-year driver’s license suspension
- A $500 fine
- Up to 30 days of incarceration
- 12-48 hours in the IDRC
Consequences for a second-offense drug DUI in NJ are as follows:
- A potential 2-year driver’s license suspension
- A $500-$1,000 fine
- Up to 90 days of incarceration
- You will have to use the ignition interlock device
- Up to 30 days of community services
The penalties for a third-offense drug DUI in NJ are:
- A potential 10-year driver’s license suspension
- Up to 180 days of incarceration
- A $1,000 fine
- Potential participation in a drug/alcohol inpatient rehab program
- You will have to use the ignition interlock device
These are just some of the penalties you may face for a drug DUI conviction in New Jersey, on top of a spike in insurance premiums. This is why if you are facing these charges, you need a competent criminal defense lawyer on your side.
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 and knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years. 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.