Howell NJ Driving Under the Influence of Drugs (DUI) Defense Attorneys
Although the abbreviations “DWI” and “DUI” are often used interchangeably, “DWI” refers to offenses for “driving while intoxicated,” while “DUI” stands for “driving under the influence.” In New Jersey, the specific requirements that the State must meet in order to prove that an individual was driving under the influence of drugs (DUI), and the methods that law enforcement officials employ to arrive at this conclusion, are entirely different from those involved in a driving while intoxicated (DWI) case.
For example, in a DWI case, the State typically utilizes the Alcotest 7110 breathalyzer in order to determine that an individual was operating a motor vehicle while under the influence of alcohol. Conversely, in a DUI case, the State relies on a Drug Recognition Expert (referred to as a “DRE”), which is essentially a law enforcement officer trained to detect whether or not the driver is under the influence of drugs. After conducting a series of tests, the DRE will produce a report detailing his or her findings. Authorities may also require the driver to submit a urine sample for analysis. However, these tests are not entirely conclusive, as substances like marijuana are known to linger in the system for approximately 30 days after ingestion.
Although the burden of proof in DWI and DUI cases may be met in different ways, a conviction for a DWI or DUI is addressed in the same way by the State on a person’s driver’s abstract with the New Jersey Motor Vehicle Commission. As a result, an individual who has been convicted of a driving while intoxicated (DWI) previously and is subsequently charged with driving under the influence of drugs (DUI), he or she will face the penalties associated with a second offense DWI, which are significantly more severe than those for a first offense DWI.
The extraordinarily knowledgable defense attorneys at Chamlin, Rosen, Uliano & Witherington are well-acquainted with the consequences of a DUI or DWI conviction in New Jersey. Knowing that these repercussions extend to their clients’ families, employment opportunities, finances, and the like, these passionate legal professionals advocate for their clients through every step of this turbulent process. With a variety of specifically-formulated tactics for fighting these charges, they examine every component of each case in order to find even the smallest errors or potential holes in the State’s case. If you or someone you love has been charged with DWI or DUI, contact their West Long Branch office at 732-440-3950 for immediate assistance.
Driving Under the Influence of Drugs (DUI) in Monmouth County: N.J.S.A. 2C: 39:4-50
The New Jersey Criminal Code addresses offenses involving driving under the influence of drugs (DUI) in N.J.S.A. 2C: 39:4-50, stating the following with regard to these offenses:
If the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year.
Penalties for Driving Under the Influence of Drugs (DUI) in New Jersey
The penalties associated with a conviction for driving under the influence of drugs (DUI) in New Jersey are the same as those associated with a first offense DWI when the individual’s blood alcohol content (BAC) registers at 0.10% or higher. As a result, those found guilty of these violations may be sentenced to penalties including: a period of driver’s license suspension, imprisonment, fines, and program attendance at one of the State’s Intoxicated Driver Resource Centers (IDRC). Specifically, first offense DUI is punishable by the following:
- Driver’s License Suspension: minimum of 7 months, maximum of 1 year
- Imprisonment: maximum of 30 days
- Fine: ranging from $300 to $500
- Intoxicated Driver Resource Center (IDRC): between 12 and 48 hours of program attendance
- Motor Vehicle Commission Surcharge: $1,000 per year for 3 years
Contact Middletown NJ DUI Defense Law Firm for Assistance
For additional information as to how these Monmouth County DUI defense attorneys can assist you or someone you love in combating the State’s case and delivering the best chance of success, contact the West Long Branch, New Jersey office of Chamlin, Rosen, Uliano & Witherington at 732-440-3950 or toll free at 888-328-9131.