It is widely known that it is illegal in New Jersey to drive while under the influence of drugs. This includes narcotics, hallucinogens, or habit-producing drugs. Individuals who choose to do so anyway are violating the law and can therefore face serious charges that come with consequences that can impact them for the rest of their life. To learn more, continue reading below and contact an experienced New Jersey criminal defense attorney.
What is Implied Consent?
Individuals who are suspected of operating a vehicle under the influence of alcohol in New Jersey consent to providing a chemical test just by driving. This can include a breath, blood, or urine test to determine the level of alcohol in their system. While this is true, the law of implied consent does not require a person suspected of driving under the influence of marijuana or another controlled substance to take a chemical test. Any chemical samples from these stops must be voluntary and consequences cannot be imposed if the driver refuses to do so.
What are the Penalties of Drugged Driving?
When a driver violate the law by driving under the influence of drugs, they can face the following penalties depending on the offense:
- First offense: A fine between $300 and $500, a period of detainment for 12-48 hours during two consecutive days of no less than six hours each day, 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.
- Third or subsequent offense: A fine of $1000, imprisonment for a minimum of 180 days in county jail or a workhouse and maximum of 90 days, 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 10 years, and the installation of an ignition interlock device.
Contact our Firm
If you are facing criminal charges in New Jersey, you need strong legal defense. Contact the Law Office of Carl Spector for dedicated representation. With over 30 years of experience as both a prosecutor and criminal defense attorney, he offers a unique perspective on how both sides think, and how to best approach each aspect of the case. When your future is on the line, don’t settle for less than the best possible legal representation. Contact an experienced New Jersey criminal defense attorney who will aggressively fight for you. Call today for a free confidential consultation. Let our experience work for you.
