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Middlesex County Criminal Defense Lawyer

  • Over 100 Years of Combined Experience
  • Practice Exclusively in DUI & Criminal Defense
  • Former County & Municipal Prosecutors
  • Decades of Case Success Stories

Driving Under the Influence of Drugs (DUI)

East Brunswick Driving Under the Influence of Drugs Defense Lawyer

In New Jersey, driving under the influence of drugs falls under the same law as driving under the influence of alcohol. Under N.J.S.A. 39:4-50 (i.e. “driving while intoxicated”), a person is guilty of a violation irrespective of whether the inability to operate a vehicle is from alcohol or a drug like marijuana, heroin, or prescription pain medication. While this is the case, the legal concepts and proofs are different in a drug dwi case. The lawyers at our firm, Marshall Bonus Proetta & Oliver, know what it takes to win a case for driving under the influence of marijuana or other drugs. Our defense team includes four (4) former DUI prosecutors and a total of seven (7) highly experienced attorneys who have defended many drug DUI cases in East Brunswick and other Middlesex County municipalities like Woodbridge, Piscataway, Sayreville and New Brunswick. To speak to a lawyer at our firm immediately, contact our East Brunswick office. We can be reached 24/7 at 732-227-1200.

Piscataway New Jersey Drug DUI Offense

Unlike an alcohol based case where a breath test or blood test result can be enough to prove someone guilty (i.e. BAC reading of .08% or more), this is not the situation when someone is faced with a drug DUI charge in Piscataway or elsewhere in New Jersey. To prove a driving under the influence of drugs offense, the prosecutor is required to produce a certified toxicology report by blood test or urine test that has the ability to confirm the presence of a drug(s) in the driver’s system. The report does not establish whether the motorist was “intoxicated” (i.e. unable to operate a vehicle safely) since a blood or urine test is only capable of detecting whether or not there was a drug in an individual’s blood stream. As a result of the inherent limitation of lab reports in dwi cases involving drugs, the state must present evidence beyond a lab report to prove intoxication from the substance.

Driving Under the Influence of Drugs in Sayreville NJ

The prosecutor in Sayreville or in another town must present evidence that demonstrates that the presence of the drugs, as reflected on the lab report, impaired the defendant’s ability to operate his or her motor vehicle. To satisfy this requirement, a drug recognition expert (“DRE”) must put the driver through a series of tests intended to determine whether or not the driver is impaired to drive and, if so, which of the 7 categories of drugs is causing the intoxication. The categories of drugs a DRE is trained to detect are central nervous system depressants, inhalants, dissociative anesthetics, cannabis, central nervous system stimulants, hallucinogens and narcotic analgesics. There are numerous tools and tests that a DRE can use to reach an opinion, including:

  1. Breath Alcohol Test
  2. Interview
  3. Physical Examination
  4. Horizontal Gaze Nystagmus & Related Eye Exam
  5. One Leg Stand
  6. Walk and Turn
  7. Rhomberg Balance
  8. Finger to Nose
  9. Vital Signs
  10. Dark Room Examination
  11. Muscle Tone
  12. Toxicology tests

Since a DRE is not a doctor or even a member of the medical care community in any sense, their opinion is subject to attack. Our attorneys are well acquainted with the limitations of drug recognition testing in Sayreville and elsewhere, including the best ways to cross-examine and/or undermine DRE written opinion.

Woodbridge Drug DWI Attorneys

It is also important to note that police cannot force an individual to submit to a blood test or urine test. A warrant must be obtained in accordance with recent court decision in order for blood or urine to be drawn. Accordingly, our Woodbridge Drug DWI attorneys will analyze whether proper consent was secured and, if not, will move to suppress the results of the blood test.  Other collateral issues which a lawyer at Marshall Bonus Proetta & Oliver will pursue are contamination of the sample, proper protocol for testing, chain of custody, etc. For these reasons and those previously set forth in this article, it is important for an individual charged with driving under the influence of drugs in Woodbridge to obtain a skilled attorney. To this end, please feel free to contact our Woodbridge Office at 732-634-0700.

The driving under the influence of drug lawyers at Marshall Bonus Proetta & Oliver defend marijuana, heroin, cocaine and other cds related DUI violations throughout Middlesex County including Carteret, East Brunswick, Monroe, Old Bridge, Woodbridge, Spotswood, Edison, Piscataway, New Brunswick, Perth Amboy, North Brunswick, Plainsboro, South Brunswick, Metuchen, Cranbury, Spotswood, South River, Highland Park and Jamesburg New Jersey.