If you were arrested and charged with driving under the influence of drugs (DUI) or driving while intoxicated (DWI), do not assume the State has the evidence to prove you are guilty. If you would like to discuss your case with a lawyer at our Monmouth County firm, the Law Office of Jonathan F. Marshall, contact our Red Bank office to arrange a free consultation.

Defending a driving under the influence of drugs charge

Driving while intoxicated (DWI) charges can be brought in New Jersey against a person suspected of driving under the influence of drugs (DUID), including any narcotic, hallucinogenic, or habit-producing drug. Driving is prohibited if the driver is impaired by marijuana, cocaine, or narcotics, including prescription drugs such as morphine. The standard of proof in New Jersey to establish a DWI based on narcotics was established in State v. Bealor, 187 N.J. 574 (2006). Moreoever, State v. DiCarlo, 67 N.J. 321 (1975), established the definition of a narcotic for purposes of driving while intoxicated charges in New Jersey. For further information and case law in New Jersey, please see our DWI Case Summaries.

Challenging chemical tests for drug use

New Jersey implied consent law is limited to alcohol, and does not require the driver of a car to provide a blood, breath, or urine sample if suspected of using drugs. A truck driver or other person with a commercial drivers license (CDL) is required to take a chemical test if suspected of driving under the influence of drugs or in the even of any accident.

The level of a drug in a person's bloodstream does not accurately reflect the level of intoxication. A chemical test to detect a drug is only valid in a DUI case if the test was administered by a drug recognition expert (DRE). If the police station you were tested at did not have a DRE on staff when you were there, the evidence will be inadmissible. For more information regarding the necessity of a DRE, please consult the decision of New Jersey's Supreme Court in State v. Tamburro, 68 N.J. 414 (1975).

As with alcohol, a person who owns or controls a vehicle and allows an individual under the influence of drugs to operate the vehicle can be charged with operating while intoxicated.

Every situation is unique, and there are a number of defenses to driving under the influence of drug (DUID) charges. If you would like to speak with one of our lawyers about circumstances surrounding your arrest, please call toll free 877-450-8301 or e-mail our Red Bank law firm to arrange a free consultation with a lawyer.

For more information about how our defense attorneys handle DUI/DWI/DUID, traffic, and criminal cases, see the following:

• Does the prosecutor have proof of intoxication?
• Blood and Breath Tests
• Was there reasonable cause for your traffic stop?
• DWI Drug Charges
• Breath or Blood Test Refusal
• Multiple DWIs
• License Suspension/Revocation
• New Jersey DWI/DUI Penalties

The Law Offices of Jonathan F. Marshall
Red Bank, New Jersey, Lawyers

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