Contrary to popular belief, you can receive a DUI without having a drop of alcohol in your system. If an officer can prove that you were operating your motor vehicle while under the influence of drugs, you will most likely face a drug DUI. Continue reading and contact our Camden County DUI attorney to learn more about drug DUIs in NJ and how we can help you fight one.
Does New Jersey’s “implied consent” law apply to drug DUIs?
Here in New Jersey, when an officer suspects an individual is operating his or her motor vehicle while under the influence of alcohol, New Jersey’s implied consent law essentially requires the driver to submit to a breathalyzer test if he or she is asked to. That said, when it comes to the question of whether a driver is operating his or her vehicle under the influence of drugs, this law doesn’t always apply. In New Jersey, a driver can refuse to consent to blood or urine sampling to determine whether he or she is under the influence, and the officer is required to inform the driver that he or she has the right to refuse.
What happens if I am convicted of driving while under the influence of drugs in NJ?
Unfortunately, the potential impacts of a drug DUI can be severe and can affect a person’s life for years down the road. Depending on whether this is your first or subsequent offense, you can face various penalties. They are as follows:
- First offense: A fine between $300 and $500, up to 30 days of jail time, detainment in the IDRC for between 12-48 hours, and the forfeiture of your rights to operate a vehicle on highways in New Jersey for 7 months to 1 year.
- Second offense: A fine between $500 and $1,000, up to 90 days of jail time, up to 30 days of community service, the installation of the ignition interlock device in your car for between 2 and 4 years after the reinstatement of their license, and the forfeiture of your rights to operate a motor vehicle on highways in New Jersey.
- Third or subsequent offense: A $1,000 fine and up to 180 days of jail time (or 90 days if you successfully complete an IDRC-approved drug or alcohol inpatient rehab program). You will also have to install the ignition interlock device for anywhere between two and four years after the reinstatement of your license, as well as the forfeiture of your rights to operate a vehicle on the highways in New Jersey for 8 years.
Contact our experienced New Jersey firm
Thomas DeMarco & Associates, LLC is an experienced Camden County criminal defense law firm located in Mt. Ephraim, New Jersey. We understand how potentially damaging a criminal can be, which is why we pride ourselves on our willingness to fight for our client’s rights. Our firm handles all criminal matters and is ready to provide you with our knowledgeable legal counsel. Do not hesitate to contact our firm to discuss your legal situation.