Articles Posted in Drug DWI

Driving while intoxicated (DWI) is a serious offense and a conviction can have serious negative effects on an individual’s life. If you have been arrested for driving under the influence of drugs, it is critical that your rights are protected. Our experienced New Jersey DWI attorneys will examine the facts of your case and prepare a vigorous defense in your legal matter. We understand that it seems like the laws are stacked against you, but we know how to find weaknesses in the prosecution’s case that can be used to your advantage.

A new study indicates that riding with an impaired driver is common among young adults. In fact, 33 percent of those who graduated from high school recently admitted to riding in a vehicle with a substance-impaired driver at least once in the last year. The research was conducted using reports from the National Institute of Child and Human Development’s NEXT Generation Health Study, which examined data from a study that spanned seven years and included information on more than 2,700 US adolescents beginning at grade 10.

The study, which was published in the Journal of Studies on Alcohol and Drugs, also found that young adults are more likely to ride with a driver who is impaired by marijuana (23 percent) than a driver who is impaired by alcohol (20 percent). In addition, about 6 percent of young adults had gotten into an automobile with a driver impaired by harder, illicit drugs (i.e., cocaine). Researchers point out that those who have gotten into a vehicle with an intoxicated driver in the past are more likely to drive under the influence themselves and have a greater likelihood of riding with an intoxicated driver in the future.

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If you are facing driving while intoxicated (DWI) charges in New Jersey, you are at risk of losing your driver’s license, paying hefty fines and even going to jail. The stakes are too high and a DWI conviction can negatively impact virtually every aspect of your life. If you or someone close to you has been charged with a DWI, you need to consult our aggressive and knowledgeable New Jersey DWI attorneys as soon as possible.

The National Highway Traffic Safety Administration (NHTSA), along with other organizations, recently announced a national campaign to raise awareness about marijuana-impaired driving. The campaign’s motto, “If You Feel Different, You Drive Different,” hopes to encourage drivers to recognize that they should not drive under the influence of marijuana. NHTSA’s newest national roadside evaluation highlights that from the years of 2007-2013, there was an almost 50 percent spike in weekend nighttime drivers who tested positive for some type of marijuana. Part of the campaign’s purpose is to emphasize that while it may be legal to use marijuana in your state, it is still illegal to get behind the wheel under the influence of the drug.

In New Jersey, it is against the law to drive a motor vehicle under the influence of any drug that hinders your ability to drive in a safe manner. In fact, you can still be charged with a drug DWI even if you had a valid prescription so long as the prosecutor can show that the drug impaired your ability to operate a motor vehicle. This law does not specify a certain amount of drugs that must be in your system and, unlike alcohol content, which can easily be measured by a breath test, there is no standard test to figure out if you are under the influence of drugs. Rather, you can be charged with a drug DWI if you seem impaired by drugs to the arresting officer.
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If you have been arrested for or charged with drugged driving, you need to contact a reputable and diligent New Jersey DWI attorney immediately. Not only do these charges have the potential to ruin your reputation,  a conviction could jeopardize your current and future educational, housing and employment opportunities. Understanding how high the stakes are, we will aggressively advocate for you every step of the way.

Unless you or someone close to you has struggled with opioid addiction, it can be easy to overlook the seriousness of the problem. A recent study published in the Journal of the American Medical Association (JAMA) revealed that drivers using prescribed opioids are 2.18 times more likely to be in fatal two-vehicle crashes than those who are not using the drugs. The study examined 18,321 driver pairs who lost their lives in two-vehicle crashes between 1993 and 2016. The findings revealed that 54.7 percent of the drivers who died tested positive for prescription opioids and these drivers caused the crash because they veered out of their lane. Sadly, crash initiators with prescription opioids in their system have increased from 2 percent in 1993 to 7.1 percent in 2016. Research shows that opioids can seriously impair a driver’s ability to drive safely causing them to feel woozy, sleepy or even sedated.

Under New Jersey law, a person can be charged with driving under the influence of drugs if the prosecutor can establish that the person was impaired while operating a motor vehicle. This is true even if the drug was an over-the-counter or prescription drug. In other words, you can be charged with a DWI so long as the prosecutor can show that the drug impaired your ability to drive safely.
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Whether you are under the influence of drugs or alcohol, driving while intoxicated (DWI) is a serious criminal offense with the potential for severe penalties in New Jersey. If you have been arrested for a drug-related DWI, you need to contact a seasoned New Jersey DWI attorney immediately. Our team has years of experiencing defending the rights of those charged with DWIs. We will examine every facet of your case to build the strongest defense on your behalf.

Statistics from the New Jersey Police highlights that in 2016, New Jersey police arrested 23,579 people suspected of driving under the influence of alcohol or drugs. The figures were not categorized by whether the driver was suspected of being intoxicated by alcohol or drugs, or both. A report by AAA Northeast last year indicated that 19 percent of drivers who died in car wrecks in New Jersey in 2016 tested positive for marijuana although those tests did not indicate if the driver was impaired at the time of the crash.

Currently, there is no dependable way to assess impairment caused by marijuana. The legalization bill in the state also does not outline a legal standard by which to measure impairment; rather, it relied on existing practices for judging whether drivers might be intoxicated. According to the National Institutes of Health, the best indication of driver impairment is observation by trained drug recognition experts (DRWs) in the field, not a blood test.

It is obvious that you should not drink and drive. However, when it comes to medical marijuana, people often use the drug and get behind the wheel a short while later not realizing this behavior can also lead to a driving while intoxicated (DWI) charge. If you or a family member is facing DWI prosecution, our trusted New Jersey DWI attorneys can help. With extensive experience in criminal defense law, we understand how to vigorously defend your rights and make sure you obtain all the protections afforded by New Jersey law.

The Survey

Researchers at the University of Michigan Addiction Center recently surveyed 790 Michigan adults who used medical marijuana for chronic pain in 2014 and 2015 about their driving habits over the last six months. According to the report, 56 percent admitted to driving within two hours of using marijuana, 51 percent reported to driving while a “little high” and 21 percent stated that they drove “very high.” Since medical marijuana is legal in almost three-dozen states – this can have serious implications for individuals on the road.

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Were you or someone close to you recently arrested for drugged driving in New Jersey? If so, we can help you defend against these charges. Our hard-working New Jersey DWI attorneys will work diligently to have your charges reduced or, if possible, dropped altogether. We will review your case and discuss all of your legal options with you during a free, no obligation consultation.

The Insurance Institute for Highway Safety recently revealed that motor vehicle accidents in states where recreational marijuana is now legal have gone up by 6 percent. The increase has been seen in states such as Colorado, Nevada, Oregon and Washington where marijuana is legal for recreational use when compared to neighboring states where the drug is still illegal. However, everyone may not agree with these findings. The National Highway Traffic Safety Administration claimed that marijuana use was not likely to contribute to traffic accidents in any significant way a few years ago in 2015 and has not appeared to change its position on the matter. It is important to note that marijuana is still an illegal controlled substance under federal law.

Drug DWIs In New Jersey

In New Jersey, DWI does not only apply to driving while intoxicated by alcohol. Rather, any substance that hinders a person’s ability to drive safely, even minimally, can lead to being charged with a DWI. A drug DWI, also referred to as driving under the influence of drugs (DUID), in New Jersey takes place when a person’s normal use of mental or physical faculties are weakened due to a drug or any combination of drugs. This includes any drugs, whether they are illegal, controlled substances and over-the counter medications. Common examples of drugs that give rise to a DUID charge include:

  • Marijuana;
  • Cocaine;
  • Opiates;
  • Xanax; and/or
  • Sleeping pills.

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If you have been charged with driving under the influence of drugs, obtaining legal counsel early could potentially help you avoid thousands of dollars in fines, and even jail time. Our highly skilled New Jersey DWI attorneys will meticulously analyze the circumstances of your case so we build the strongest defense possible.

You have probably heard of the “Drive Sober, Get Pulled Over” campaign in New Jersey but the state has now launched another campaign. The National Highway Traffic Safety Transportation added this component to its campaign to run through Labor Day weekend – a time when drunk driving accidents typically spike. The new message read as follows “When you feel different, you drive different. If you drive high, you get a DUI.”

In New Jersey, almost one-third of traffic related fatalities in the state involve alcohol impairment. With the possible legalization of marijuana, coupled with increasing drug DWI rate in the state, the campaign aims to alert the public about the consequences of driving under the influence–and perhaps for good reason, since drugged driving rates appear to be on the rise across the country. According to one National Highway Traffic Safety Administration’s National Roadside Survey, more than 22 percent of drivers tested positive for illegal, over-the-counter or prescription drugs.

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A drugged driving charge should never be taken lightly because it can have far-reaching consequences for a person’s life. If you have been charged with or arrested for allegedly driving under the influence of drugs, you need a seasoned New Jersey drugged driving attorney on your side. With extensive experience in this area of law, we understand the defenses that may apply. You can rest assured that we will zealously fight to protect your rights at every step of your case.Drugged driving has become a bigger problem than drunk driving in New Jersey. In fact, according to AAA Northeast, which scrutinized traffic fatality data from the past decade, more dead drivers in New Jersey tested positive for drugs than alcohol in 2016 and 2017, reversing the trend from 2007 to 2014.

Cannabinoids and narcotics were the drugs most commonly found in deceased drivers. The data show that during 2016, about 39 percent of fatally injured drivers tested positive for drugs, with approximately 19 percent testing positive for cannabinoids and 12 percent for narcotics. These figures have significantly increased from 2007, when there were a total of 55 fatally injured drugged drivers, or 15 percent testing positive for drugs, with 6 percent testing positive for cannabinoids and just 3 percent for narcotics. Alcohol on its own, however, played a role in more deaths than any individual drug.

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If you have been arrested for driving under the influence of drugs, you need the help of a skilled New Jersey drug DWI attorney who can help. A driving while intoxicated (DWI) conviction can have serious and far-reaching consequences for your life. Thus, such a charge should not be taken lightly. Our firm can assess the merits of your case and evaluate any and all potential defenses that may be applicable.

In New Jersey, the basic offense of a DWI takes place when a person operates a motor vehicle with a blood alcohol content (BAC) of 0.08 or above. Under state law, it is illegal to operate a vehicle if your ability is impaired, even if you took prescription or over-the-counter drugs. In other words, the drugs do not have to be illegal to form the basis of a DWI.

A recent report released by the Governors Highway Safety Association found that drugged driving is becoming more of an issue on the roads, and more and more drivers in deadly crashes are found with drugs in their system. In fact, the study found that more drivers were high than drunk in 2016. Over the past decade, the rate of drunk driving has decreased by about 3 percent, but drugged driving has increased by 16 percentage points from 2006 to 2016. Consider the following:  approximately 44 percent of drivers who died in car crashes in 2016 were on drugs at the time, while in 2006, only 28 percent were.

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There is little doubt that the United States is facing a crisis involving opioid abuse and addiction. As a result, police and prosecutors have seen a rise in DWI cases involving various types of painkillers. If you or someone close to you has been arrested for a drug DWI, it is imperative to reach out to a skilled New Jersey drug DWI attorney without delay. With years of experience, we have the knowledge base needed to defend you throughout the entire legal process.

The Centers for Disease Control and Prevention reports that the opioid epidemic killed more than 33,000 people across the United States in 2015. That is an average of 91 opioid overdose deaths every day. Overdose deaths were nearly equal to the number of deaths from car accidents. In 2015, for the first time, deaths from heroin alone surpassed gun homicides. In New Jersey, at least 1,901 people died from opioid overdose in 2016. A study conducted by the University of Nebraska Medical Center found that prescription opioid pain killers led to impaired driving in many patients, creating a risk on the nation’s roads.

Due to the prevalence of opioid abuse, this issue is undoubtedly on law enforcement’s radar. New Jersey law makes it illegal to operate a motor vehicle while impaired by either alcohol or drugs or both. Put simply, it is illegal to drive under the influence of any impairing substance, whether it is illegal, over the counter, or prescription. This law is codified in New Jersey Statute 39:4-50, which prohibits persons from operating a motor vehicle under the influence of “any narcotic, hallucinogenic or habit-producing drug.” Use of any or all of these medications can form the basis of a drugged driving charge in New Jersey.

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