Many people think you can only get arrested for a DWI if you are drunk driving. However, this could not be further from the truth because you can just as easily get arrested for DWI for being under the influence of drugs. In fact, a large portion of the DUI cases we handle involve clients who have been arrested for drug DWI charges. Moreover, a drug DUI can be from illegal narcotics such as Marijuana, Heroin, Cocaine or even Prescription Drugs such as Oxycodone or Ambien. New Jersey treats a drug DWI the same as alcohol DWI for the most part with one exception – a first offense drug DUI does not get the benefit of a “first tier” first offense alcohol DWI which carries a 90 day suspension for a BAC of 0.09% or lower and when there is no BAC reading. Instead, a first offense drug DWI will carry a 7 – 12 month loss of license. Therefore it is always recommended that you speak with an experienced DWI defense attorney to learn your rights and how to fight drug DWI charges. If you would like to learn more about how we can help you then contact our office today at (201) 793-8018 for a free consultation.
New Jersey Drug DUI Law
We have attached the New Jersey Drug DUI law under N.J.S.A. 39: 4-50, in pertinent part, for your convenience:
“a person who operates a motor vehicle while under the influence of… narcotic, hallucinogenic or habit-producing drug… or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control.”
In all DWI cases – whether based on alcohol or drugs, police will always form the probable cause from the Standardized Field Sobriety Testing “SFSTs” that they administer at the scene on the roadside which test your ability to perform physical dexterity tasks. In order to help bolster their case against you, police officers will often require you submit a urine sample which they will send to the state lab for testing. Moreover, a lot of police departments have specially trained officers referred to as a Drug Recognition Expert “DRE” who will be called in to administer a series of tests, similar to the SFSTs, to determine your impairment and what narcotic you are under the influence of. When all of this evidence is considered together it can form a very tough case. However, there is no breathalyzer for drug readings and therefore the evidence will never be as precise. Therefore, an experienced DWI defense attorney can often challenge the reliability of the DRE report and the results of the urine test in an effort to dismiss the state’s case against you. At the Law Offices of William A. Proetta we handle a substantial amount of drug DWI cases for clients throughout Hudson County and New Jersey including Jersey City, Hoboken, Weehawken, Union City and North Bergen. If you or a loved has been charged with a DWI for being under the influence of drugs, then give us a call today at (201) 793-8018 to learn more about how we can help you during a free consultation.
Additional NJ DWI Information
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