What Happens if I am Caught Driving Under the Influence of Drugs in New Jersey?

Reviewed by Daniel P. McNerney, Esq.

If you are someone who has recently been charged with driving under the influence of drugs or alcohol, you have a lot on the line. That is why you must continue reading and reach out to our experienced Bergen County criminal defense attorney to learn more about the potential consequences you may face and how we can help you fight them. Here are some of the questions you may have:

Is a DWI a Criminal Offense in New Jersey?

It’s important to understand that, in New Jersey, a first-offense drunk driving offense is considered a traffic offense, rather than a standard criminal offense. This differs considerably from neighboring states like New York and Pennsylvania, where a DWI or drugged driving offense is considered a criminal offense.

Do the Keys Have to Be in the Ignition to Get Charged With a DUI?

In New Jersey, it is possible to be charged with a DWI even if the keys are not in the ignition. As such, you can technically face a DWI charge if you are not operating the vehicle at the time of the arrest. This is because the law only requires proof that you were in physical control of the vehicle at the time of the traffic stop. As such, in order to determine whether or not a driver had control of the vehicle, law enforcement and the prosecution in New Jersey can consider the following:

• Where were you seated in the vehicles? Were you in the driver’s seat or even the passenger seat? If you were seated in the back, it could be harder to argue actual, physical control of the vehicle
• Were the vehicle’s keys in your possession? If the answer is no and they were stored in a location like the trunk, glovebox, or outside of the vehicle (like hidden behind a tire), then you were not in physical control of the vehicle.
• Was the vehicle’s engine running? If the answer is no, then you were not in physical control of the vehicle.
• Was the vehicle parked?
• Was the vehicle disabled?

What is New Jersey’s Implied Consent law?

In New Jersey, when an officer suspects an individual is driving under the influence of alcohol, implied consent laws dictate that the individual must submit to blood, breath, or urine sampling to determine if he or she is truly under the influence. That being said, implied consent laws in New Jersey do not apply to individuals suspected of driving under the influence of drugs. This means if you are accused of driving under the influence of a controlled substance, you may only submit to chemical testing willingly, meaning you do not have to submit at all. While you may not refuse to submit to chemical testing for a DWI in New Jersey, you may refuse to submit to chemical testing for driving under the influence of drugs without penalty.

What happens if I am convicted of drugged driving or a standard DWI in New Jersey?

If you are arrested for drugged driving or driving while intoxicated (DWI), depending on whether it is your first, second, third, or subsequent offense, you face a wide array of potential penalties. In December of 2019, New Jersey imposed a New Drunk Driving statute, which ultimately incentivized those facing these charges to proceed to trial rather than attempting to reach a plea deal with the prosecution.

They should assert all technical, procedural, and constitutional defenses available based upon the facts of the case. The penalties for a first offense have been modified to effectively reduce or eliminate lengthier administrative license suspensions, so long as the blood alcohol concentration is less than .15% and an Ignition Interlock Device (IID) is installed in your principal vehicle.

The potential penalties are as follows:

First-offense standard alcohol DWI or drugged driving offense

• For a first drugged driving offense, you may be detained for up to 48 hours, you may go to jail for up to 30 days, you will face between $300 and $500 in fines, and you may lose your right to drive your vehicle on New Jersey’s highways for up to one year.
• Unfortunately, many people are under the assumption that a first offense DWI in the Garden State will yield little more than a slap on the wrist. It’s critical to understand that these matters are taken very seriously by the courts in Bergen County and across the state. As such, if you have a BAC below 0.15%, your license will be suspended for only 30 days, so long as you install and pay the fees associated with an ignition interlock device. However, regardless of your BAC, a conviction will remain on your permanent driving record, ultimately impacting insurance premiums. Additional penalties include:
  • A 3-month installation requirement for an ignition interlock device (if BAC is under 0.10%) or 7 to 12 months (if BAC is 0.10% to 0.15%)
  • Up to 30 days in jail
  • 12-48 hours in the IDRC, with applicable fees
  • A fine of $250-$400
  • $100 to AERF
  • $100 to the Drunk Driving Fund
  • A 3-year surcharge of $1,000 per year
  • $75 to the Neighborhood Services Fund

Second drugged driving or DWI offense

• In New Jersey, a second DWI or drug driving offense will render you a repeat offender. This means you will face more intense penalties, which is why working with an experienced criminal defense attorney is critical in these matters. Penalties can include:
  • A fine of up to $1,000
  • Up to 30 days of community service
  • Up to 90 days behind bars
  • 12-48 hours in the IDRC with applicable fees,
  • The forfeiture of your rights to operate a motor vehicle on highways in New Jersey for two years
  • Mandatory installation of an ignition interlocking device for the duration of your license suspension and up to three years once the suspension is lifted
  • $100 to AERF
  • $100 to the Drunk Driving Fund
  • A 3-year surcharge of $1,000 per year
  • $75 to the Neighborhood Services Fund.

Third or subsequent drugged driving or standard alcohol DWI offense

You will most likely face penalties, including:

• A $1,000 fine
• Up to 180 days in jail
• Mandatory participation in a drug/alcohol rehabilitation program approved by the Intoxicated Driver Resource Center
• The installation of an ignition interlock device during your license suspension and 1-3 years afterward
• You will be barred from driving on NJ highways for up to 10 years.

A third DWI or drugged driving offense means the consequences you now face can impact you for the rest of your life. In addition to the aforementioned penalties, you will also face additional consequences, including:

• Up to 90 days of community service
• Mandatory participation in the IDRC and payment of applicable fees
• $100 to both the AERF and the Drunk Driving Fund
• An annual surcharge of $1,000 for three years
• $75 to the Neighborhood Services Fund

What Are the Best Defenses to Beat a DWI Charge?

In the United States, including New Jersey, all criminal defendants are considered innocent until they are proven guilty beyond a reasonable doubt. Essentially, this means that the prosecution is required to show that you are guilty to the point where any rational and reasonable individual would have no other logical explanation for the offense.

It’s critical to understand that a DWI or drugged driving conviction can have serious impacts on your life beyond those imposed by the court system. This can include difficulty securing employment, denied housing applications, and even impacts on domestic matters like child custody. As such, it’s critical to understand that you have legal options, which is why working with an experienced criminal defense attorney is in your best interest if you are facing charges.

The best way to beat your DWI charge may be to poke at legal flaws on the prosecution’s part or otherwise raise doubts about the prosecution’s key evidence. Examples are as follows:

• You may argue that there were errors, inaccuracies, or missing information in the police report conducted at the time of your stop.
• You may argue that there were errors or inaccuracies in the breathalyzer test, blood test, or field sobriety tests conducted by a law enforcement officer at your stop.
• You may argue that the police lacked probable cause to initiate the traffic stop, constituting an illegal stop.
• You may argue that the officer failed to follow protocol and delayed your breathalyzer test, ultimately resulting in your BAC rising from the time you were pulled over.
• You may argue that medical conditions, like Gastroesophageal reflux disease (GERD) or diabetes, caused an inaccurate reading at the time of your traffic stop.
• You may argue that the police lack proof that you were driving at the time you were approached by law enforcement, such as sitting in a parked vehicle, sitting in the passenger seat, or the fact that there was no key in the ignition.

Working with an attorney to help you determine the best course of action for your specific circumstances is critical. Your attorney can assist you in arguing these defenses while simultaneously attempting to cast doubt on the prosecution’s arguments in the hopes that they will be unable to satisfy the required burden of proof.

What Are My Options If I Was the Victim of a Drunk Driver?

Unfortunately, drunk driving is a leading cause of collisions throughout New Jersey and across the country. As such, suffering an injury due to a drunk driver can be infuriating, especially as someone who carefully adheres to the rules of the road. It’s important to understand, however, that those injured by the actions of drunk drivers are generally eligible to pursue a lawsuit against the driver for compensation for damages. Because these injuries may last a lifetime, ensuring you fight for the justice and compensation you deserve is critical.

If this reflects your circumstances, an experienced personal injury attorney can help you gather evidence to support your claim. This often included medical records, police reports, photos and videos, arrest records, witness statements, and breathalyzer records, among other evidence.

What Are New Jersey’s Dram Shop Laws?

Dram shop laws are common across the country, and New Jersey is no different. These laws essentially allow injured victims to hold establishments or vendors liable for selling alcohol to those who are visibly intoxicated or under the age of 21.

The dram shop law in New Jersey explicitly prohibits establishments from serving alcohol to those who are “visibly intoxicated” or minors under the age of 21. As such, if a restaurant, bar, nightclub, or other vendor sells alcohol to someone, whether they are a minor or already visibly intoxicated, and they cause an accident that leaves someone else injured, the establishment may face liability.

What Is the Statute of Limitations for Personal Injury Claims in New Jersey?

In accordance with N.J.S.A.§ 2A:14-2, those injured in a personal injury claim in New Jersey have a limited period to pursue compensation under the state’s statute of limitations. In New Jersey, this is two years from the date on which the injury occurred. As such, if you fail to file within this deadline, you can be barred from recovering compensation, even if negligence and damages are obvious.

CONTACT OUR EXPERIENCED NEW JERSEY FIRM

Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.