Driving under the Influence (DUI) of Drugs – Heroin
DUI Defense Lawyers handling matters in Parsippany, New Jersey
In New Jersey, driving under the influence (DUI) of any drug which impairs your ability to drive is illegal and you can be prosecuted. Specifically, the law makes it illegal to drive under the influence of a narcotic, hallucinogenic, or habit-producing drug. Heroin falls into this category. In New Jersey, driving under the influence of drugs (DUI) is regulated by N.J.S.A. 39:4-50 which is the same statute that governs driving while intoxicated (DWI). If you are charged with DUI or DWI, you are facing the same penalties as a first, second, third or subsequent offender.
Our DUI defense team has handled hundreds of DUI cases dealing with drugs. In fact, one of our team members used to prosecute DUI cases for the State of NJ, now he uses his experience and expertise to represent our clients facing similar offenses. In addition, another attorney at the firm is a certified field sobriety test instructor so he can analyze the psycho-physical tests and determine if they were conducted properly, demonstrated properly, and graded properly according to the national standards. Finally, we also have a retired drug recognition expert (DRE) police officer who we utilize as a defense expert in DUI cases. He will examine the State’s DRE expert report and combat the findings to help fight your charges in court.
With offices conveniently located in Morristown NJ, our Morris County NJ DUI defense lawyers represent clients in Parsippany, Dover, Denville, Mount Olive, Jefferson Twp., Washington Twp., Madison, and Mendham. For more information, contact our DUI defense team now for a free initial consultation at 908-336-5008.
Heroin Effects on the Ability to Drive
Heroin is considered an extremely dangerous and addictive drug that can cause fatal effects. Heroin is classed as an opioid drug that can either be snorted or injected. When taken Heroin gives an intense pleasurable feeling that comes with many negative side effects. It accomplishes this pleasurable feeling binding with opioid receptors in a persons body. After this interaction has taken place the nerve cells will then release a neurotransmitter called dopamine. Dopamine is a molecule that produces a feeling of pleasure that causes a user to become addicted to. Once taken Heroin gives effects such as drowsiness, sedation, and lethargy. Over 13,000 people overdose from Heroin a year.
Here are some helpful links with regard to heroin effects:
Proving a DUI for Heroin Use in New Jersey – Drug Recognition Experts (“DRE”)
In the State of New Jersey being under the influence of drugs is prosecuted differently then being under the influence of alcohol. First a Drug Recognition Expert (DRE) is used in cases dealing with drivers who are accused of being under the influence of drugs. A Drug Recognition Expert (DRE) is a trained police officer that has undergone classes and training to determine if a driver is under the influence of drugs. The DRE evaluation is what the prosecution will use to convict the person of driving under the influence of drugs. In State v. DiCarlo, 67 N.J. 321(1975) the Supreme Court held that the operator of a motor vehicle is under the influence of a narcotic drug if the substance produces a narcotic effect so altering his or her normal physical coordination and mental faculties as to render a person such a danger to himself and others. The statute does not require that the particular narcotic be identified but was the person under the influence of a narcotic, hallucinogen or habit-producing drug while operating a motor vehicle.
A DRE expert will conduct testing on the driver and create a drug recognition evaluation which is essentially an expert report they will rely on to prosecute this DUI case and testify at trial (if need be). A DRE report will include an interview that the officer conducts with driver and any incriminating statements that were much (such as admissions to taking any medication or drugs). It will also include the officer’s initial observations of the suspect such as watery eyes, red eyes, odor of marijuana, speech slurred, etc. The report will also include the psychophysical tests the officer conducts which should include the Romberg test, Walk and Turn test, One leg Stand Test, and the Finger to Nose test. The report will include any clinical signs that the driver is under the influence of drugs such as pulse checks, blood pressure, body temperature, etc. Finally, the officer will take a urine sample and then give his or her expert opinion as to whether or not he or she believes that the driver is under the influence of drugs.
Obviously, a urine sample on its own does not prove much. Many drugs stay in your system for a long period of time so the fact that a urine sample shows positive for a drug does not prove that the driver is under the influence of that drug at the time they operated the motor vehicle. As a result, the State will attempt to use the urine sample in combination with the DRE report and evaluation to prove beyond a reasonable doubt that the driver is under the influence of drugs.
Arrested for Driving Under Influence of Drugs in Morris County? We Can Help
For more information about Heroin Drug DUI charges in NJ, contact our offices now for a free initial consultation at 908-336-5008.