In the state of New Jersey, it is illegal to operate a motor vehicle while under the influence of drugs. This can include narcotics, hallucinogens, or habit-producing drugs. It is also against the law for a driver to permit a person who is under the influence of these drugs to operate their own vehicle. Individuals who choose to do so anyway can face DUI charges and serious consequences that have a potential to affect them for the rest of their life. Continue reading below to learn more and contact an experienced New Jersey criminal defense attorney for assistance with your case.
What is Implied Consent?
If a person is suspected of driving under the influence of alcohol in New Jersey, they consent to providing a sample of breath, blood, or urine simply by driving. This is done in order to determine the amount of alcohol in their system. However, the law of implied consent does not require an individual suspected of driving under the influence of marijauan or a controlled substance to submit a chemical test. It is because of this that chemical samples from an accused drugged driver can only be given voluntarily. This means penalties cannot be imposed for a refusal to do so.
What are the Penalties of Drugged Driving?
When a driver fails to abide by the law and is found guilty of drugged driving, 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.
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Kevin T. Conway is an experienced Bergen County criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need an aggressive criminal lawyer, contact The Law Office of Kevin T. Conway for a free consultation.