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In New Jersey, driving under the influence of drugs is taken very seriously. Read on to learn more about drugged driving and the associated penalties.

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. These implied consent laws do not apply to individuals suspected of driving under the influence of drugs. This means that if you are accused of driving under the influence of drugs, you do not have to submit to chemical testing.

What are the Penalties of Drugged Driving in New Jersey?

If you are charged with drugged driving, you will have serious penalties. If you are a repeat offender, you will likely face harsher consequences. The penalties for drugged driving include:

  • 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: If you are charged with drugged driving for a second time, you may face 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: For a third 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.

If you are facing charges for drugged driving in New Jersey, our firm is here to help. Reach out today to speak with an experienced and dedicated criminal defense attorney.


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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