DUIs are often based on alcohol, but drivers can also be charged for having controlled substances in their system. While DUIs for alcohol and drugs are largely treated the same, there are some key differences in how drug-related charges are handled.
Drug-related DUIs are often met with stricter penalties regarding license suspensions. For first-time offenders, a license suspension for a drug-related charge may be longer than for charges for alcohol. Fines may also be higher in some cases. On top of that, drivers might face other criminal charges for having drugs with them. If other controlled substances are found in the vehicle, you could be charged with possession or even possession with the intent to distribute.
Talk to our Oceanville, NJ DUI and DWI defense lawyers for a free case review by calling the Lombardo Law Group at (856) 281-9600.
The Penalties for Drug-Related DUIs in NJ
While most people probably think of alcohol when they think of DUIs and DWIs, drivers may also be charged if they are under the influence of drugs or controlled substances. Generally, these offenses are both charged as DUIs or DWIs, but penalties may vary somewhat.
The penalties for a drug-related DUI may come with more serious penalties for certain first-time offenders. A driver facing their first DUI with a blood alcohol concentration of at least .08% but less than .10% may lose their license for up to 3 months. However, if they have drugs in their system, they may face harsher penalties under N.J.S.A. § 39:4-50(a)(1)(ii).
Possible penalties for first-time drug-related DUI defendants include fines of at least $300 but less than $500, a possible jail term of up to 30 days, and losing their license for at least 7 months and up to 1 year.
The penalties are arguably harsher when controlled substances are involved, especially for a first offense. When only alcohol is involved, the court has more discretion about whether to suspend the driver’s license. If drugs are involved, there must be a license suspension, and fines are higher. However, if a driver’s BAC is higher than .10%, the penalties for alcohol and drug DUIs are largely similar or the same.
How Drug-Related DUIs May Come with Extra Penalties
The penalties for drug-related DUIs and DWIs might not end with the motor vehicle code. Many controlled substances are highly illegal, and you might face additional criminal charges.
If the police suspect that a driver is under the influence of controlled substances, they might find probable cause to search the vehicle. If they find other drugs or substances, the driver might face charges related to possession.
How to Challenge a Drug-Related DUI
A drug-related DUI may be challenged similar to how one might challenge a more typical alcohol-related DUI. Our Salem, NJ DUI and DWI defense lawyers should scrutinize the chemical testing done by the authorities and determine if your rights were violated at some point during the arrest.
One important thing about drug-related DUIs is that there is sometimes no chemical test done. Drug testing often requires a blood draw or urine sample, which is not always possible to obtain. Breath tests, which are a much more common form of chemical testing, may not detect the presence of controlled substances. If there are no chemical test results to confirm that a driver was intoxicated, the case against them may be weak.
You might instead claim involuntary intoxication if you believe you were drugged at a bar or party. To be charged with a DUI, your intoxication must be voluntary and knowing. If you were drugged, you should not be charged.
Certain medications may interfere with chemical tests. If you are on medication, tell your lawyer, as those medications might artificially inflate BAC results. Alternatively, you might have had a bad reaction that you did not know could happen, causing you to become disoriented while driving.
Negotiating Plea Agreements for Drug-Related DUIs in NJ
Sometimes, pleading guilty might actually be the best defense strategy. If prosecutors are open to plea agreements, a guilty plea might help you reduce your charges.
In the past, plea agreements were not permitted for DUIs in New Jersey. However, the laws have changed, and defendants may work with prosecutors to reach plea agreements. This includes DUIs related to controlled substances. Plea agreements are more likely if this is your first DUI, nobody was hurt, and your intoxication was not severe.
When a plea agreement involves a drug-related DUI, the law requires that certain minimum penalties be imposed. Regardless of the other terms of the plea agreement, the defendant must serve a license suspension of at least 6 months. In other words, there may be no way around losing your license, at least for a while, unless you are totally acquitted.
Can I Refuse a Blood Test for a Drug-Related DUI
While chemical testing, including blood tests, may be mandatory, you cannot be forced to comply. While you are legally not allowed to say no, you still can, albeit with consequences.
Legally, post-arrest chemical testing is required by law, including breath, blood, and urine tests. You must submit, but the police are not allowed to force you to comply with testing. Results of forced chemical testing may be unlawful and should not be used against you.
If the police have good reason to believe that a driver is under the influence of drugs, they can order a blood test, which requires a blood draw. This is more invasive than other testing methods and tends to be more heavily scrutinized by the courts.
If you refuse, you may face additional criminal charges for refusal, including fines and license suspensions.
Get Help Now From Our NJ DUI and DWI Defense Attorneys
Talk to our Atlantic City, NJ DUI and DWI defense lawyers for a free case review by calling the Lombardo Law Group at (856) 281-9600.
