Toms River Drug DUI Lawyer
Throughout New Jersey, DWIs (Driving While Intoxicated) and DUIs (Driving Under the Influence) arrests are similarly prosecuted. With the onset of relaxed marijuana laws, legal experts are predicting a huge uptick in Drug DUI charges and convictions. This is due to the state’s current inability (unlike breath tests concerning alcohol DWIs) to guage levels to which one may be under the influence of drugs. Drug DUIs concern individuals who are stopped, arrested and charged with driving while under the influence of substances that include marijuana, cocaine, heroin, and prescription drugs such as Xanax, OxyContin, and Percocet. If you are facing a Drug DUI charge, you are likely stressed, anxious and scared. Now is the time to understand the charges and penalties, and also to seek out an attorney who will remove all the mystery from the process and fight for you.
New Brunswick NJ Drug DUI Attorney
McGuckin Law works with clients charged with Drug DUI and related offenses throughout the Jersey Shore including Brick, Edison, Tinton Falls, Jackson, Woodbridge, Holmdel, Ship Bottom, Seaside, Point Pleasant and Sayreville. For a free consultation with an aggressive, local DUI attorney during which we will review your case and strategize about the challenges you are facing and opportunities you have for your defense, call us today at 732.924.4200.
New Jersey Drug DUI Law
New Jersey Law defines Drug DUI in N.J.S.A. 2C 39: 4-50 as “a person who operates a motor vehicle while under the influence of… narcotic, hallucinogenic or habit-producing drug… or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control.”
DUID Penalties in New Jersey
Drug DUI penalties are severe. For a conviction of a first offense, you are exposed to the following:
- a minimum surcharge of $1,000 a year for three years
- steep fines between $800 and $1,500
- increased insurance rates
- mandatory drivers license suspension of 7 months to one year
- mandatory drug counseling
- community service
- installation of an ignition interlock device
A second offense Drug DUI yields a two-year license suspension, increased fines, and 2-90 days in jail.
A third or subsequent offender is exposed to a ten-year loss of license and 180 days in jail, of which 90 may be served in an in-patient facility.
In addition to the above penalties, you are also looking at increased financial constraints, diminished reputation, and interference with job and family time. For more information visit our Jersey Shore DWI Resource Center or visit other applicable pages such as Drug DUI in a School Zone, Underage Drug DUI, and CDS in a Motor Vehicle.
McGuckin Law – Fighting Your NJ Drug DUI Charges
If you or your loved one is facing a Drug DUI, know that New Jersey law prohibits plea-bargaining these types of cases, and also precludes the issuance of a work hardship or provisional license. As a result, the best defense of your case is an aggressive offense against the state. We will review the facts and fight the officer’s reasonable suspicion to engage in the traffic stop, the state’s ability to prove that you were under the influence, and the legality of the state’s obtaining of a urine sample. Additionally, we will hold the prosecutor accountable procedurally, making sure that all discovery (evidence) in the state’s possession is provided to us. We will work together every step of the way. To see if McGuckin Law is a good fit for you and your case, call us any time at 732.924.4200.