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DUI

DWI and DUI Attorney in Monmouth County, New Jersey

New Jersey lawmakers take drug crimes and DWI offenses extremely seriously. It is not surprising, then, that the State prosecutes offenders to the fullest extent of the law when these charges collide. A conviction for driving under the influence of drugs can result in penalties including suspension of your driving privileges, fines, insurance surcharges, attendance at a state-approved Intoxicated Driver Resource Center (IDRC), and even a jail sentence. Often, these charges are accompanied by others for possession of marijuana, possession of drug paraphernalia, reckless driving, or possession of CDS in a motor vehicle, each of which entails additional penalties that may be imposed if you are ultimately found guilty. Whether you are facing a single charge or several, a conviction can spell long-term detrimental impacts on your ability to work, attend school, and conduct your regular activities. In order to aggressively protect your rights, it is essential to enlist a seasoned legal advocate who can ensure that your constitutional rights were not violated before, during, or after the initial motor vehicle stop that resulted in your charges.

Attorney Tara Breslow is well-versed in New Jersey law regarding DUI and the rights guaranteed to U.S. citizens. In fact, she has worked extensively on the Innocence Project and participated in the Constitutional Litigation Clinic. Ms. Breslow leverages for arsenal of knowledge and 10 years’ experience to effectively defend clients charged with drug and driving under the influence offenses across Monmouth County. Contact her offices today to discuss your case and receive a cost-free initial consultation.

Drug DUI Lawyer in Asbury Park NJ

New Jersey law addresses charges for driving while intoxicated and driving under the influence of drugs in the same statute, specifically, N.J.S.A. 39:4-50. This law encompasses offenses often referred to as “driving under the influence” or “driving impaired.”  In New Jersey, the legal definition of “impairment” includes a Blood Alcohol Concentration (BAC) of 0.08 percent or higher, or being under the influence of a narcotic, hallucinogenic, or habit-producing drug. Essentially, this means that you can be charged with driving under the influence of drugs if you are found to be under the influence of marijuana, cocaine, heroin, prescription medication, synthetic marijuana, bath salts, and any other substance included in the New Jersey Drug Schedule.

Evidence Used in Monmouth County NJ DUI Prosecutions

Unlike typical charges for DWI, New Jersey employs a distinct combination of forensic and observational evidence to prosecute driving under the influence of drugs (DUI) cases. While a DWI defendant will typically be required to provide a breath sample through the Alcotest 7110 breath testing device, which is used to measure his or her Blood Alcohol Content (BAC), the State generally uses a toxicology report (i.e. urinalysis or blood test) and the observations of a Drug Recognition Expert (DRE) to prove a drug DUI case beyond a reasonable doubt.

There may be multiple issues with toxicology reports, as urine and blood samples can be easily contaminated if they are administered, handled, or stored improperly. Further, these tests are often inconclusive because certain substances like marijuana can linger in a defendant’s system for up to a month after initial ingestion. When the reliability of such a sample is in question, an experienced attorney can argue that the evidence be deemed inadmissible on these grounds.

Penalties for Driving Under the Influence of Drugs (DUI) in New Jersey

The penalties to which you are exposed as a DUI defendant will be determined by the number (if any) of previous DUI offenses for which you have been convicted previously. If this is your first DUI offense, the penalties mirror those of a charge for first offense DWI with a blood alcohol concentration of 0.10% or higher. The penalties associated with first and subsequent driving under the influence of drugs (DUI) offenses are delineated as follows:

First Drug DUI Offense
  • Loss of driving privileges for between 7 months and 1 year
  • Up to 30 days in county jail
  • Between 12 and 48 hours of substance abuse education at an Intoxicated Driver Resource Center (IDRC)
  • Fines ranging from $300 to $500
  • Insurance surcharges of at least $3,500
Second Drug DUI Offense
  • Loss of driving privileges for 2 years
  • A jail sentence of between 2 and 90 days
  • Between 12 and 48 hours of substance abuse education at an Intoxicated Driver Resource Center (IDRC)
  • Fines ranging from $500 to $1,000
  • Insurance surcharges of at least $3,500
Third Drug DUI Offense
  • Loss of driving privileges for 10 years
  • A mandatory jail sentence of 180 days
  • Between 12 and 48 hours of substance abuse education at an Intoxicated Driver Resource Center (IDRC)
  • A minimum fine of $1,000
  • Insurance surcharges of at least $5,000
Contact a Toms River NJ Drug DUI Attorney for Your Best Defense

If you or someone you love has been charged with driving under the influence of drugs (DUI), driving while intoxicated (DWI), drug possession, or another offense in Holmdel, Asbury Park, Middletown, or elsewhere in Monmouth County, contact the Law Offices of Tara Breslow for a free consultation. There is no time like the present to begin building your best defense.