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If you are someone who has recently been charged with driving under the influence of drugs, 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:

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, which means if you are accused of driving under the influence of drugs, 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 in New Jersey?

If you are arrested for drugged driving, depending on whether it is your first, second, third, or subsequent offense, you face a wide array of potential penalties. They are as follows:

  • First drugged driving offense: For a first 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.
  • Second drugged driving offense: Up to a $1,000 fine, up to 30 days of community service, up to 90 days in jail, and the forfeiture of their rights to operate a motor vehicle on highways in New Jersey for two years.
  • Third or subsequent drugged driving offense: You will most likely face a $1,000 fine, up to 180 days in jail, you will have to participate in a drug/alcohol rehabilitation program approved by the Intoxicated Driver Resource Center, you will have to install an ignition interlock device, and you will be barred from driving on NJ highways for up to 10 years.


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.

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