Parsippany NJ Drug DUI Lawyer
Driving under the Influence of Drugs Defense Attorneys in Morristown, New Jersey
In the United States, sometimes people refer to the drunk driving as “DWI” or “DUI.” In New Jersey, “DWI” refers to “driving while intoxicated,” while “DUI” refers to “driving under the influence.” If you have been charged with either a DWI or a DUI offense in New Jersey, you are going to want to speak to an experienced DWI and DUI defense attorney so that you can avoid losing your driver’s license and possibly even going to jail. A Driving while Intoxicated (DWI) or Driving Under the Influence (DUI) charge is the kind of thing that can happen to anyone. It is not something that you need to be ashamed of, and it is certainly not something that warrants you going to jail.
The criminal defense and drunk driving (DWI) lawyers at the Tormey Law Firm have been representing clients throughout New Jersey for years. We have defended clients charged with alcohol-related offenses, including drug DUI, DWI in a School Zone, and underage DWI in Mount Olive, Denville, Dover, Rockaway, and Roxbury. In fact, our founding partner, Travis J. Tormey, is one of the few NJ attorneys who are certified Alcotest 7110 operators. The Alcotest is the breath-testing device used throughout the state to prosecute drunk driving cases. As a result, Mr. Tormey knows the components of the machine, how it works, and if there are any issues with the functioning of the breath testing device. This knowledge and expertise can be used to attack the reliability of the breath-test result in your case.
Here at the Tormey Law Firm, we understand that a DUI or DWI charge can happen to anyone. If you or a loved one has been charged with a criminal or traffic offense in New Jersey, contact The Tormey Law Firm at 866-949-6948 for a free consultation, or you can use the online contact form.
Driving under the Influence of Drugs in New Jersey
Driving under the influence of drugs is governed by the driving while intoxicated statute (DWI), N.J.S.A. 39:4-50, which provides, in pertinent part:
For a first offense:
(ii) if the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year.
Elements of a Drug DUI Case in New Jersey
In order to prove a drug DUI in New Jersey, the prosecutor must provide proof that is very different from that offered in an alcohol case. In an alcohol DWI case, the State uses the Alcotest 7110 breath-testing device to prove that the driver was operating a motor vehicle while under the influence of alcohol. With a drug DUI case, the State uses a Drug Recognition Expert (known as a “DRE”) who is a law enforcement officer trained to detect whether or not the driver is under the influence of drugs. This DRE performs a series of tests on the driver at the police station and makes a determination as to whether the driver is under the influence of drugs. The DRE also generates a detailed report as to the findings of the testing.
Moreover, the State often takes a urine sample of the driver to test for drugs in the defendant’s system. However, the urine analysis on its own is not necessarily conclusive because, for example, marijuana stays in the defendant’s system for approximately 30 days after use, and, therefore, does not conclusively establish that the driver was under the influence of drugs at the time of operation of the vehicle. On the other hand, the combination of a DRE evaluation and a positive urine test may be enough proof beyond a reasonable doubt to convict the driver of driving under the influence of drugs.
Penalties for Driving under the Influence of Drugs in New Jersey
A drug DUI is essentially the same as an alcohol DWI on your record, as they are governed by the same statute. Thus, if you have a prior alcohol DWI offense on your record and you are charged with a drug DUI within the next 10 years, you are facing penalties for a second offense DWI in New Jersey, which includes a two-year license suspension and up to 90 days in jail.
It is imperative that you have an experienced DWI and DUI attorney on your side. The penalties for a DUI in New Jersey can be severe. A first offense DUI can result in a period of incarceration of one (1) month in county jail, loss of your driver’s license for between seven (7) months and one (1) year, a requirement to participate in an alcohol education program at the Intoxicated Driver Resource Center (IDRC), and a fine of up to $500. A conviction for a second DUI offense will subject to you to even worse penalties, including up to three (3) months in jail and mandatory suspension of your driver’s license for two (2) years.
Contact a Madison NJ Drug DUI Lawyer for a Free Consultation
Denville Township is centrally located in Morris County and has become known for its DWI checkpoints. With major highways like Route 80 and Route 46 passing through the area, Denville police regularly stop motorists for suspicion of drunk driving and sometimes inquire further into any drug use by the driver to explain the behavior. If you or a loved one has been charged with a DWI in New Jersey, contact the Tormey Law Firm at 866-949-6948 for a free consultation, or you can use the online contact form.