Contrary to popular belief, driving under the influence of drugs is a serious offense in the Garden State. If you have recently been charged with driving under the influence of drugs in New Jersey, please continue reading to learn the potential penalties you can face and how our seasoned Bergen County DUI Attorneys can help defend your rights.
Can You Get a DUI for Driving Under the Influence of Drugs in NJ?
In New Jersey, a person is guilty of a DUI if they operate a motor vehicle while under the influence of an intoxicant. Essentially, New Jersey’s DUI statute prohibits both driving under the influence of alcohol as well as narcotic, hallucinogenic, or habit-producing drugs. It’s important to understand that “per se” laws dictate if you have a blood alcohol concentration (BAC) at or above the state’s legal limit, you are intoxicated. Law enforcement doesn’t require additional evidence of impairment for a DUI case. With that in mind, a driver is per se driving under the influence of alcohol when they have a BAC of 0.08% or more. However, a driver may be charged with driving under the influence of drugs when they have any amount of drugs in their system. Law enforcement can also arrest drivers for operating a vehicle for using over-the-counter medication or prescription drugs.
New Jersey’s implied consent laws require drivers to submit to chemical testing after being suspected of driving under the influence of alcohol, these laws don’t extend to testing for drugs. This means you won’t face penalties for refusing to provide a sample. You can, however, submit to chemical testing willingly.
What Are the Potential Penalties?
Driving under the influence of drugs, or DUID is prosecuted similarly to alcohol-related drunk driving offenses. This is a serious offense that carries severe consequences. The severity of your penalties for a conviction for driving under the influence will depend on the aggravating factors such as whether this is your first, second, third, or subsequent conviction:
- First-offense DUID: For a first offense, you can be detained for up to 48 hours, face a fine between $300-$500, mandatory attendance at an Intoxicated Driver Resource Center, jail for up to 30 days, a $1,000 insurance surcharge for three years, and the loss of your driving privileges for up to one year.
- Second-offense DUID: For a second offense within ten years, you can face a fine between $500-$1,000, jail time for up to 90 days, a one-to-two-year driver’s license suspension, 30 days of community service, and a $1,000 insurance surcharge for three years.
- Third or subsequent DUID: For a third or subsequent offense, you will likely face a fine of up to $1,000, jail time for up to 180 days, forfeiture of your driving privileges for eight years, 30 days of community service, and a $1,500 insurance surcharge for three years.
If you have been arrested or charged with driving under the influence of drugs, please don’t hesitate to contact a trusted attorney who can help defend your reputation, freedom, and future. At The Law Office of Carl Spector, we are prepared to prepare an effective defense strategy to pursue a favorable outcome for your case. Connect with our firm today to learn more about how we can assist you.
