Edison NJ Drug DWI Defense Attorneys
Driving under the influence of drugs (“DUI”) is less common than DWI in Edison Township but every bit as serious. They tend to involve more penalty exposure, in fact, because of the frequent involvement of possession charges on top of a drug DWI. Thankfully, the prosecution has a heightened standard in order to prove someone guilty of driving under the influence of heroin, marijuana, cocaine, Ambien, or some other prescription drug. The experienced attorneys here at the Law Offices of Jonathan F. Marshall have the ability to use this our client’s advantage so that drug DWI convictions are avoided. We are probably the largest DWI defense firm in the state, comprised of a team with over 100 years of experience and numerous former prosecutors. Our Edison DUI lawyers know how to best prepare a defense and the quickest route to obtaining you your desired results. Call us for a free consultation.
Edison Township Drug DWI/DUI Offense
The New Jersey DWI law prohibits not only driving while intoxicated but also while under the influence of narcotic, hallucinogenic, or habit-producing drug. This means that a person faces the same penalties in Edison Municipal Court for a DUI involving cocaine, heroin, LSD, marijuana, any prescription pill or any other scheduled controlled dangerous substance as they do for a DWI. While the standard necessary to prove a case involving marijuana DWI differs from that for other drugs, the approach is generally the same. The Edison prosecutor must prove that there was a drug in the system of the driver at the time of the motor vehicle stop and that the CDS impaired their ability to operate a motor vehicle safely in violation of N.J.S.A. 39:4-50.
- Proving Presence Of Drugs. The easiest way for the police to establish drugs/cds in the bloodstream is through a urine or blood test. Upon until recently, police could strongarm those accused of DUI and DWI into performing these tests, however, the recent United States Supreme Court decision in Missouri v. McNeely changed the entire playing field. Police are now mandated under McNeely to obtain a warrant before they may draw a blood or urine same. Failure to comply with this requirement is often fatal to an Edison DUI case.
- Establish Impairment. It would be unfair to convicted someone of a drug DWI without actual proof of impairment that the time of operation since CDS often remains in a person’s system long after they are physically affected. The deal with this issue, NJ Law requires use of a drug recognition expert (“DRE”) in all drug related 39:4-50 cases outside of those involving marijuana. A DRE is a police officer who has gone through rigorous training in order to obtain an expertise in determining when someone is impaired by drugs. The DRE must link the presence of drugs in the motorist system with an inability to operate a motor vehicle safely.
DUI Penalties That Apply In Edison Municipal Court
The penalties for driving under the influence of CDS can definitely have a significant affect on your life. For a first offense, this means a license suspension of at least 7 months and up to a year, fines, and an annual surcharge of $1,000 for three years. A second offense DUI carries a 2 year license suspension, fines, community service, mandatory installation of an ignition interlock and the same $1,000 annual surcharge for 3 years. A third or subsequent offense results in an escalation of the suspension period to 10 years, fines, community serious, an ignition interlock and also a 3 year surcharge of $1,500 to restore your license. The biggest consequence of a third offense is, however, a mandatory jail sentence of 180 days at the Middlesex County Correctional Institute.
Edison DUI Defense Attorneys
As you have undoubtedly determined, a drug DWI will impact your future if you cannot escape a conviction. You will not have your license and there is no ability to obtain a work license or hardship privilege. What this means is that you either cannot use a motor vehicle or need someone to drive for you for a minimum of 7 months. As if this was not consequence enough a DUI in Edison results in extreme financial consequences. It is certainly in your best interests to call our experienced Edison driving under the influence of drugs lawyers. We are available to assist you 24/7 and consultations with an attorney at our firm are free of charge.