It is illegal for all drivers to operate a vehicle while under the influence of drugs in the state of New Jersey. This includes narcotics, hallucinogens, or habit-producing drugs – whether they are prescribed by a doctor or not. Drivers also cannot permit another person under the influence of drugs to drive their vehicle. DWI charges can result in serious consequences that can impact a person for the rest of their life. Continue reading below to learn more and contact an experienced New Jersey criminal defense attorney if you are facing these charges.
What is Implied Consent?
Under the law of implied consent, individuals who are suspected of driving under the influence of alcohol in New Jersey consent to providing a chemical test simply by operating a vehicle. A person’s blood alcohol level can then be determined by a breath test or a blood test. However, implied consent does not necessarily apply to driving under the influence of drugs. Instead, blood or urine samples for drug DWIs must be provided with the driver’s consent after being advised that the driver can refuse consent. The implied consent statute and its penalties cannot then be imposed if the driver does not give consent.
What are the Penalties of “Drugged” Driving?
Drivers who fail to follow the law and are found guilty of driving under the influence of drugs can face the following penalties depending on the offense:
- First offense: A fine between $300 and $500, a period of detainment in the Intoxicated Driver’s Resource Center for 12-48 hours, a term of imprisonment for no more than 30 days, and the forfeiture of their rights to operate a vehicle on highways in New Jersey for seven months to one year.
- Second offense: A fine between $500 and $1000, community service for a period of 30 days, imprisonment between 48 hours and 90 days, and the forfeiture of their rights to operate a motor vehicle on highways in New Jersey for two years, plus the installation of an interlock device for two to four years after the reinstatement of their license.
- Third or subsequent offense: A fine of $1000, imprisonment for 180 days in county jail which time can be reduced by up to 90 days following successful participation in a drug/alcohol inpatient rehab program approved by the Intoxicated Driver Resource Center, the forfeiture of their rights to operate a vehicle on the highways in New Jersey for 8 years, and the installation of an ignition interlock device for two to four years after the reinstatement of their license.
Contact our Firm
If you or someone you know would like to speak with an experienced DWI defense attorney, contact REM Katcher Law Group P.C. today.