DWI with Drugs Lawyer in New Jersey
Protecting Your Rights with Strategic Legal Defense
If you're facing a driving while intoxicated with drugs (DWI with drugs) charge in New Jersey, it's crucial to act quickly with a comprehensive defense strategy. At Roberts & Teeter, LLC, we are committed to providing you with personalized and effective legal representation.
Our seasoned attorneys, Michael Brett Roberts and Matthew Teeter, bring a wealth of experience exclusively in criminal law, ensuring every client receives direct, knowledgeable attention.
We understand the profound impact a DWI conviction can have on your life, from potential job implications to personal stress. It's our job to help mitigate these impacts, providing you with dedicated support every step of the way. At Roberts & Teeter, we aim to alleviate your burdens while vigorously defending your rights.
Let a skilled DWI with drugs lawyer in New Jersey fight for your rights. We’re available 24/7, offer free consultations, and provide affordable legal defense—call (732) 607-5553 or contact us today.
Understanding DWI with Drug Charges in New Jersey
New Jersey takes DWI with drugs charges seriously, with laws that strictly penalize drug-related driving offenses. The state follows Motor Vehicle Commission guidelines, which include severe penalties like fines, license suspension, and even jail time.
New Jersey Statute § 39:4-50 defines Driving While Intoxicated broadly to cover impairment by drugs as well as alcohol. You can be charged with DWI if you operate a motor vehicle while under the influence of intoxicating liquor or narcotics, hallucinogenic, or habit-producing drugs.
It means your physical or mental faculties are impaired by any of these substances to an extent that makes you "less safe" to drive. This is a subjective assessment, typically proven through officer observations of driving, demeanor, and performance on field sobriety tests.
This applies even if you have a valid prescription for a medication, but it impairs your ability to drive safely (e.g., side effects like drowsiness, dizziness, impaired judgment). New Jersey case law has affirmed that even lawfully prescribed drugs can lead to a DWI conviction if they cause impairment.
The Challenge of Proving Drug Impairment:
Unlike alcohol DWIs, where breathalyzers (Alcotest devices) provide an immediate Blood Alcohol Content (BAC) reading, detecting and proving drug impairment is significantly more complex for several reasons:
- No Universal "Limit": There is no specific "legal limit" (like 0.08% BAC for alcohol) for most drugs in New Jersey. The prosecution must often prove actual impairment.
- Drug Metabolites vs. Active Drugs: Blood or urine tests may detect drug metabolites (breakdown products) that can remain in your system long after the intoxicating effects have worn off. The mere presence of a metabolite does not necessarily mean current impairment. This is a critical distinction that your DWI with drugs lawyer in New Jersey will highlight.
- Drug Recognition Experts (DREs): Law enforcement heavily relies on officers trained as Drug Recognition Experts (DREs). These officers conduct a 12-step evaluation process, including eye exams, vital sign checks, and psychophysical tests, to determine if a driver is impaired and, if so, which category of drugs might be causing the impairment. The scientific validity and interpretation of DRE evaluations have been a subject of significant legal debate in New Jersey.
- Chemical Tests (Blood/Urine): Unlike breath tests for alcohol, New Jersey's implied consent laws do not apply to chemical testing for drugs. This means you are generally not required to submit to a blood or urine test for drug impairment without penalty (though officers may still request them).
Understanding these complexities is where a dedicated DWI with drugs lawyer in New Jersey proves invaluable.
Penalties for DWI with Drugs Convictions in New Jersey
The penalties for a DWI with drugs conviction in New Jersey are severe and designed to deter impaired driving. They are generally equivalent to or more severe than the penalties for a first-offense alcohol DWI with a BAC of 0.10% or higher. Penalties escalate significantly with each subsequent offense within a 10-year look-back period.
First Offense (Traffic Offense):
- License Suspension: Mandatory 7 months to 1 year suspension of your driving privileges.
- Fines: $300 to $500.
- Intoxicated Driver Resource Center (IDRC): Mandatory attendance at an IDRC for 12 to 48 hours. This program involves education about alcohol and drug abuse and a screening to determine if you have a substance abuse problem. If the IDRC recommends additional treatment, participation becomes a mandatory part of your sentence. Failure to comply can lead to extended license suspension and even jail time.
- Jail Time: Up to 30 days in county jail. While often reserved for cases with aggravating factors, it is a possibility.
- Insurance Surcharges: A mandatory $1,000 per year for three years (totaling $3,000) imposed by the Motor Vehicle Commission (MVC).
- Drunk Driving Enforcement Fund (DDEF) Fee: $100.
- Alcohol Education and Rehabilitation Fund (AERF) Fee: $100.
- Safe and Secure Community Program Fee: $75.
- License Restoration Fee: $100.
- Ignition Interlock Device (IID): Mandatory installation for 7 to 12 months after license restoration. This device prevents your vehicle from starting if it detects alcohol on your breath and requires rolling retests while driving. You bear all costs for installation, maintenance, and monitoring.
Benefits of Choosing Roberts & Teeter
Facing a DWI with drugs charge can be overwhelming, but having the right legal team can make all the difference:
- Personalized Defense Strategies: Unlike larger firms, you will always receive direct attention from our principal attorneys, who customize strategies to fit your unique case.
- Exclusive Criminal Law Focus: By concentrating solely on criminal law, our knowledge remains sharp and relevant, particularly in defending DWI cases.
- Collaborative Approach: We work with private investigators and expert witnesses to reinforce your case, providing a multifaceted defense strategy.
- Transparent Communication: Our commitment to clear and ongoing communication means you will always be informed and supported throughout the legal process.
Our commitment to understanding your unique story and tailoring every element of our approach to fit it is what sets us apart. Each case is an opportunity to fight for justice, and we treat it with the gravity it deserves. Former clients have found security in our ability to simplify complex legal situations into understandable terms, providing clarity and foresight of potential outcomes. When you choose Roberts & Teeter, you are choosing dedicated allies in your fight to protect your future.
Take Action to Protect Your Future
Don't face your DWI with drugs charge alone. With Roberts & Teeter, LLC, you'll have dedicated legal advocates ready to defend your case. To navigate your DWI charge with confidence and care, contact us for a free consultation and take the first step toward securing your future.
Call (732) 607-5553 or reach out online today. We stand ready to support you through this challenging time, prioritizing your needs and rights every step of the way.