Reviewed by Carl Spector, Esq.
Quick Summary: NJ Drugged Driving Laws (DUID)
- The Standard: No legal limit exists for drugs (unlike the 0.08% BAC for alcohol). If a substance impairs your driving, you can be charged.
- Substances: Applies to illicit narcotics, legal recreational marijuana, prescriptions, and over-the-counter medications that cause drowsiness or blurred vision.
- DRE Evaluation: Police utilize certified Drug Recognition Experts (DREs) who conduct a strict 12-step evaluation and order chemical lab testing.
- Implied Consent: Drivers automatically consent to breath tests for alcohol, but you cannot be forced to provide blood, urine, or saliva samples for a drug stop without a warrant.
- Penalties: First-time offenses result in up to 30 days in jail and a 7- to 12-month license forfeiture. Third offenses mandate 180 days of confinement and a 10-year license loss.
The state of New Jersey prohibits driving while under the influence of drugs. This not only applies to street drugs (i.e., cocaine or methamphetamine) but also to painkillers and other prescription and over-the-counter drugs. If you were charged with a drugged driving offense, the consequences can be harsh and detrimental, ranging from fines, community service, and jail time. It is in your best interest to retain an experienced New Jersey criminal defense attorney to begin working on your case. At the Law Office of Carl Spector, we will aggressively fight for you and your future. Contact us today to get started.
How New Jersey Defines Drugged Driving
In New Jersey, a person can be charged with drugged driving in the event they operate a motor vehicle while under the influence of a controlled substance or narcotic. It’s important to understand that any time a substance impairs someone’s ability to safely drive a motor vehicle, regardless of whether they have a prescription or purchase it over the counter, they can be charged with DUI/DUID. As such, it’s necessary to understand New Jersey’s legal standard for drug impairment.
New Jersey’s Legal Standard for Drug Impairment
Unlike alcohol related offenses, where there is a legal limit (BAC of 0.08%), there is no minimum threshold for drugs. As such, if the officer determines that the substance has impacted your ability to safely operate a vehicle, you can be considered under the influence and charged.
What Drugs Can Lead to a DUID Charge?
Under NJ Rev Stat § 39:4-50, any narcotic, hallucinogenic, or habit-producing drug can lead to a DUID charge in Bergen County. This includes a wide array of drugs – illicit, prescription, and over-the-counter drugs – that warrant a criminal charge.
Common substances include:
- Marijuana (even though it is legal in New Jersey)
- Prescription medications
- Over-the-counter medications (antihistamines, cold medicine, cough syrup)
- Illegal narcotics
Prescription and Over-the-Counter Medications
It’s necessary to understand that having a prescription or using common, OTC medications does not absolve you of DUID. This is because these medications often have side effects that can impact your ability to safely drive a car, like drowsiness or blurred vision. As such, if you are taking a new medication, you should speak with your doctor about the potential impacts and avoid driving until you understand how the medication affects you.
How Police in Bergen County Determine Drug Impairment
While police in towns like Glen Rock or Hackensack may be able to quickly and easily determine when a driver is under the influence of alcohol with a simple breathalyzer test to measure BAC, this is not the case in instances where drugged driving is suspected. Because there is no legal limit for drugs in New Jersey, law enforcement and prosecutors must prove that you were under the influence at the time of the accident. As such, these cases rely heavily on observation and specialized evaluation.
Drug Recognition Experts
Drug recognition experts are officers who specialize in identifying impairment levels through a 12-step process. These steps include:
- Administration of a breathalyzer test to rule out alcohol
- Interview with the arresting officer
- Physical examination
- Eye examination
- Attention test
- Vital signs
- Dark room examination
- Muscle tone examination
- Injection site examination
- Interview of the subject
- Option of the evaluator
- Toxicological examination
Field Sobriety Tests
The arresting officer or DRE may conduct field sobriety tests. While this is typically used to determine alcohol impairment, it can also help establish evidence that the driver is under the influence of a substance.
Chemical Testing
The arresting officer or DRE may order chemical testing to obtain evidence of drug use. This can include a blood, urine, or saliva sample, which will then be sent to a laboratory and tested.
Drugged Driving and the Law of Implied Consent
It is vital to distinguish how New Jersey’s implied consent laws apply to different types of traffic stops. Individuals suspected of operating a vehicle under the influence of alcohol automatically consent to providing a chemical breath test simply by utilizing the state’s public roads. However, the law of implied consent does not legally compel a person suspected of driving under the influence of marijuana or another controlled dangerous substance to submit to a chemical blood or urine test without a warrant. While law enforcement may request a blood, urine, or saliva sample during a DUID investigation, providing these specific chemical samples must be voluntary, and administrative refusal penalties cannot be unconstitutionally imposed solely for declining a warrantless search of your bodily fluids.
What are the Penalties of Drugged Driving in New Jersey?
If a driver is charged with a drugged driving offense, the consequences will likely be harsh. When second, third, or even subsequent charges are given for drugged driving, the penalties become more serious and impactful on you and your future. Here are the penalties for drugged driving:
First offense:
- A fine of $300-$500
- A period of detainment for 12-48 hours during two consecutive days, no less than six hours each day
- A term of imprisonment for no more than 30 days
- Loss of license and the forfeiture of your right to operate a motor vehicle on the highways of New Jersey for seven months to a year
Second offense:
- A fine of $500-$1,000
- Community service for 30 days
- Imprisonment between 48 hours and 90 days
- Loss of license and the complete inability to operate a vehicle on New Jersey highways for two years
Third or subsequent offense:
- A fine of $1,000
- Imprisonment for a minimum of 180 days in county jail or a maximum of 90 days in a workhouse
- Participation in a drug/alcohol inpatient rehab program approved by the Intoxicated Driver Resource Center
- Loss of license and forfeiture of operating privileges on state roadways for 10 years
- The installation of an ignition interlock device
If you have been charged with one or multiple drug driving offenses, it is important for you to reach out to legal professionals as soon as possible to begin working on defenses for your case. Contact our legal experts at the Law Office of Carl Spector to speak with a dedicated criminal law attorney today.
Contact Our Glen Rock Criminal Defense Firm
If you are facing criminal charges in New Jersey, you need strong legal defense. Contact the Law Office of Carl Spector for dedicated representation. Our firm understands the implications that a criminal record, especially one carrying a drugged driving offense, can have on your life. That is why our firm is dedicated to helping you through these difficult matters and exploring all potential avenues to defend against these charges. When you need help, do not hesitate to contact us today to learn more.