New Jersey DWI Based on Drug Intoxication
Under New jersey law, a driving while intoxicated (DWI) charge can be based on not only alcohol intoxication, but also based on drug intoxication. Drug DWI cases are investigated and prosecuted differently than those cases based on alcohol.
Driving while under the influence of drugs falls under the same statutes as driving while under the influence of alcohol. The same statute of NJSA:39:4-50 applies to both types of DWI cases. Moreover, the prosecutor must prove the same statutory elements in order to convict you on the charges:
- Operated a motor vehicle
- While legally intoxicated
However, just because you have been charged with a DWI, whether based on alcohol or drugs, does not mean that you will be convicted. With the help of an experienced New Jersey attorney, you can be confident your legal rights will be protected and will have a better chance of fighting the DWI charges.
Common Issues Presented in Drug DWI Cases
Some typical issues presented by drug DWI cases include:
– Officer observations. Such observations include drugs or paraphernalia in plain sight. It also includes the officer detected any smell of marijuana or noticing signs of recent drug use.
– Admissions. Officers are not required to administer Miranda warnings during any type of DWI stops. This basically means that anything you say can be used against you, including admitting to the recent use of drugs.
– Lack of evidence of alcohol intoxication. If a motorist appears to be intoxicated but blows under the legal limit on the Alcotest, this can trigger a drug recognition evaluation and/or the collection of blood or urine.
– Sobriety testing. Officers generally ask a driver suspected of drugged driving to perform the same types of sobriety tests as in regular investigations of a drunk driving involving alcohol.
– Drug Recognition Expert evaluations. Some police departments have specially trained officers called “DREs” or Drug Recognition Experts. These DREs, who are required to go through rigorous training, are assigned to cases with the instruction to administer specialized tests to determine what particular substance a suspect may be under the influence of.
You Need Legal Representation to Protect Your Legal Rights
Driving under the influence cases based on drugs can be difficult to prove. However, they are frequently charged and you can receive a DWI from smoking marijuana and driving your vehicle. You can even be charged for being under the influence of drugs that you have a prescription.
However, just because you are convicted on a drug based DWI, it does not meant that you will get convicted. To ensure you have the best chances of having the charges dismissed and to protect your legal rights, you need to immediately hire an experienced New Jersey DWI defense attorney as soon as you are charged.
If you have been arrested and charged with driving while intoxicated or driving under the influence in violation of N.J.S.A. 39:4-50, you can count on the experienced and knowledgeable New Jersey DWI attorneys at Beninato & Matrafajlo Attorneys at Law, LLC to get protect your legal rights.
Call us at 908-355-7100 to schedule a complimentary consultation with one of our driving while intoxicated lawyers today.