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Marshall, Bonus, Proetta & Oliver

Morris County

NJ Criminal Defense Lawyers

973-309-7050

Our team of skilled attorneys includes former County and Municipal Prosecutors with over 100 years combined experience and is available to assist you immediately.

Free Consultation

Drug DUI

Roxbury NJ Drug DUI Defense Lawyers

Parsippany New Jersey Drug DUI Attorneys

A Driving Under the Influence charge (DUI) or Drug DWI, as it is sometimes referred to, is a serious offense in Morris County and throughout the state.  However, it is of note that unlike a regular DWI, the state has additional loopholes that they must jump through and an experienced attorney will know how best to attack those elements of the state’s case that can be drawn into question.  The team of drug Dui defense lawyers on staff at the Law Office of Jonathan F. Marshall has been defending clients throughout Morris County, in towns like Roxbury, Rockaway, Denville, Dover, Parsippany, Mount Olive and Madison for over a decade. We have the qualifications and experience to successfully defend your rights. If you or someone you know has been charged with a dwi in a school zone, a drug dui, a marijuana dui, driving while intoxicated, refusal to submit to a breath test or assault by auto, it is imperative that you speak to an experienced Morris County DWI / DUI defense firm immediately. If you would like to set up a free initial consultation with any one of the eight Morris County drug dui defense lawyers on staff, please contact our Morristown Office at 973-309-7050. Now here is some key information on drug dui charges.

N.J.S.A. 39:4-50: Mount Olive Drug DUI Defense Attorneys

As with all DWI charges in the state of New Jersey, a DUI or Drug DWI is governed by NJSA 39:4-50, which states that DWI charges may be brought against anyone suspected of driving under the influence of drugs, including any narcotic, hallucinogenic, or habit-producing drug.  This means, for example, that a person could be found guilty for driving under the influence of marijuana, cocaine, heroin, prescription drugs, or hallucinogens, like LSD or Ecstasy.  While the standards for marijuana and prescription drugs are slightly different, it is of note that the elements for the offense are fairly similar to a regular DWI, the state needs to prove operation of a motor vehicle and, instead of intoxication, some form of toxicology on the defendant, i.e. a blood or urine test, that shows the defendant was in fact intoxicated at the time of the arrest.

Operation is a fairly easy element for the state to prove.  They can do so in one of three ways.  The first is through the admission of direct evidence.  For example, if an officer witnessed you driving a motor vehicle, this would be sufficient to establish operation.  Another way the state may prove operation is through an admission by the defendant, so if you tell the officer you were driving the car, then that would be proof enough.  The last way the state may prove operation is through the admission of circumstantial evidence. This means that there are certain circumstances that allow the state to draw the inference that you operated the vehicle even if you aren’t currently operating the vehicle.  For example, if you were parked on the side of the road and or you were in an accident, the state would be able to create a permissible presumption of operation.

A major difference in Drug DWIs is that New Jersey’s implied consent to a breath test only extends to alcohol, so there is no compulsion to submit to a blood or urine test without a warrant for the officers to do so.  In fact, this protection from involuntary blood draws has recently been upheld by the New Jersey Supreme Court.  The only classes of individuals to whom this might not apply are truck drivers and those who carry CDL licenses.

What are the Penalties for a DUI in NJ?

If, however, they do get a sample and it shows that you were under the influence and operating a vehicle, then the offense carries with it the normal penalties that a first, second, and third or subsequent offense DWIs do.  This means that a first offense carries with it a license suspension for up to a year, fines, and a surcharge of $1000 for three years.  A second offense carries with it a suspension for 2 years, fines, community service, and a surcharge of $1000 for up to three years.  A third or subsequent offense carries with it a suspension of up to 10 years, fines, community service, and a surcharge of $1500 for up to three years.

Experienced Denville NJ Drug DUI Defense Lawyers

Needless to say, these are serious penalties and you cannot afford to face them without the best representation possible.  Here at the Law Offices of Jonathan F. Marshall, we believe we are the best situated to help you through these troubling times. If you have been charged with DWI or DUI in Morristown, Mendham, Jefferson, Morris Township, Pequannock, Butler, Boonton or elsewhere in Morris County, we can help.  So please if you or your loved one has had the misfortune to be charged with this violation in Morris County, do not hesitate to contact us today for a free consultation with an experienced attorney about the particulars of your case.