New Jersey DUID Lawyers

DUID In New Jersey

Driving Under the Influence of Drugs (DUID) In New Jersey

Driving under the influence of drugs (DUID) is treated by the New Jersey criminal justice system as comparable, but not identical, to driving while intoxicated (DWI).

Unlike DWI, there is no limit like there is with DWI. For example, if a driver has a .08 blood alcohol content level, the driver is presumed to have driven while drunk. With a DUID case, the test is whether having any narcotic, habit-producing, or hallucinogenic drug in a driver’s system renders the driver incapable of operating his/her vehicle safely. The impairment of a DUID driver is typically determined by the testimony of the police officer, making a careful cross-examination of the officer a key part of defending DUID charges.

A driver who operates a vehicle while drugged will face the same penalties if convicted as a drunk driver. A DUID conviction will be considered a prior offense if the driver is subsequently arrested for driving while intoxicated.

As with intoxicated drivers, our New Jersey DWI and DUI lawyers explain that a driver suspected of driving under the influence of drugs will be asked to undergo a field sobriety test or a drug evaluation test (an examination of the driver’s pupils, blood pressure, and pulse rate). If the officer still suspects drug involvement, the driver will be asked to undergo a blood or urine test. Blood and urine tests often can be challenged for being unreliable and flawed because different drugs interact with the body differently.

Drivers who are arrested for DUID are not required to submit to a chemical drug test, and their refusal cannot be used against them. Commercial drivers who refuse a drug test can be fined. This is a key difference from the implied consent rule for drunk driving, where a refusal can be introduced in court, and the driver risks losing his/her license and paying fines for not taking a chemical alcohol test.