Driving Under the Influence of Drugs Lawyer Trenton NJ

If you are pulled over for suspicion of a DWI or DUI violation, NJ law enforcement won’t care that you were only drowsy because you had to take an over-the-counter medication like cough syrup or allergy medication for the flu. That’s why these medications often include warning labels advising the user not to drive or operate heavy machinery. This means that you will probably be charged with driving under the influence of drugs and face the same charges as a person who was high on heroin or crack.

Princeton Driving Under the Influence Attorneys

Kamensky Cohen & Riechelson is a well-respected New Jersey law firm will fight your DWI or DUI charges. Our attorneys have more than 40 years of experience representing clients in Hamilton, Ewing, and everywhere else in Mercer County. Our familiarity with local courtroom procedure and the nuances of NJ DUI law means that we possess the knowledge and expertise needed to win your DUI drugs case. Call KCR now to speak with a member of our DUI defense team.

NJ Driving Under the Influence Statute: N.J.S.A. 39:4-50

DUI drug offenses in the State of New Jersey are governed by N.J.S.A. 39:4-50(a). Anyone who is found to be operating a motor vehicle while under the influence of drugs is subject to severe penalties.

Mercer County DUI Penalties

The penalties for a first offense DUI include:

The penalties for a second offense DUI include:

  • Jail: 2–90 days
  • Driver’s License Suspension: 2 years
  • Fine: $500–$1,000
  • MVC Surcharges: $1,000 per year for 3 years
  • Community Service: 30 days
  • Alcohol Education: 12–48 hours of alcohol education classes and treatment at the Intoxicated Driver Resource Center (IDRC)

The penalties for a third offense DUI include:

  • Jail: 180 days
  • Driver’s License Suspension: 10 years
  • Fine: $1,000
  • MVC Surcharges: $1,500 per year for 3 years
  • Alcohol Education: 12–48 hours of alcohol education classes and treatment at the Intoxicated Driver Resource Center (IDRC)

Additional Penalties: Possessing Drugs in a Car

A related charge is Driving While Possessing Drugs. If you are found to be in possession of a controlled dangerous substance (CDS) at the time of your arrest, you may be subject to additional penalties, including heavy fines and a two-year extended suspension of your driver’s license. This is in addition to any criminal charges you might face for drug possession.

Blood Testing in New Jersey

Anyone licensed to drive in the State of New Jersey provides implied consent for breath testing; however, the same is not true for blood testing. You rarely have to consent to a blood test. As a result, it is harder for the prosecution to prove a DUI drug offense than a DWI alcohol offense.

Even if you did submit to a chemical test, the evidence against you might not be conclusive. Prosecutors often have to rely on testimony from the arresting officer, as well as testimony or reports from a qualified Drug Recognition Expert (DRE) who is trained to detect the presence of drugs in your system. If a DRE did not administer your chemical test and evaluate you at the police station, it may be possible to get your blood test results ruled inadmissible.

Free Consultation with Princeton DUI Lawyers

The experienced DWI lawyers at Kamensky Cohen & Riechelson are prepared to challenge the evidence in your drunk driving case and help you avoid the most serious penalties. Call us today, or fill out our convenient online contact form to schedule a free, no-obligation consultation at our offices in Pennington or Trenton, NJ.