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Mercer County DUID Lawyers
Seasoned Criminal Defense Lawyers Defend Clients Accused of Driving Under the Influence of Drugs in Trenton, New Jersey
Mercer County law enforcement officials take the crime of driving under the influence (DUI) of any mind-altering substance extremely seriously. Both drunk and drugged drivers can cause substantial harm to other drivers on the road, and the New Jersey legislature has developed a strict set of punishments designed to prevent DUI and DUID. Driving under the influence of drugs (DUID) is every bit as serious as driving while under the influence of alcohol, and the potential penalties and consequences for a DUID conviction can be particularly harsh and far-reaching.
Similarly to drunk driving charges, the penalties for DUID in Mercer County increase with each offense. The primary difference between the two types of charges involves how law enforcement officials go about obtaining the evidence necessary to convict the driver. The law enforcement officials will examine your behavior and demeanor, and then have a variety of options available to establish by scientific proof that you were intoxicated while driving under the influence of drugs. A skilled DUID defense attorney can help you understand these evidentiary requirements, and can evaluate your case to determine whether sufficient evidence exists to allow the prosecution to proceed with their case.
At the Davis Law Firm, LLC, our DUID defense lawyers have successfully represented clients accused of driving while intoxicated for a combined two decades, and understand what the prosecution must establish to prove their case. Contact our skilled team today to see how we can help minimize the charges or even have the dismissed in your case.
How the Prosecution Proves Driving Under the Influence of Drugs in New Jersey
When a driver is pulled over and suspected of driving while intoxicated (DWI), he or she is required to submit to an Alcotest breathalyzer to establish whether the driver was driving with a blood alcohol content in excess of the New Jersey maximum of 0.08 percent. In many DUID cases, law enforcement officials will administer the breathalyzer test and find that the driver’s BAC is below the legal limit, but continue to suspect that the driver is impaired.
In these cases, law enforcement officials can proceed by conducting standard field sobriety tests followed by:
- A blood test that collects at least 10 ml of blood,
- A urine test that collects at least 50 ml of urine, and/or
- Inspection by a drug recognition expert.
Specific requirements regarding these testing procedures have been developed to ensure any samples are both properly obtained, labeled, refrigerated and controlled before testing. A skilled DUID defense lawyer can examine the results and procedures used by law enforcement to make sure the prosecution has sufficient evidence to proceed with your case.
Veteran DUID Lawyers Advocate for Reduced Punishments for Clients Accused of Driving Under the Influence of Illegal Drugs in Hamilton, New Jersey
Conviction for DUID can carry penalties that are even more significant than those applicable in alcohol-related offenses—notably, a minimum seven month suspension of driving privilege will apply even for first offenders. Penalties for first offense DUID convictions also include:
- $300-$500 in monetary fines,
- 12-48 hours in an intoxicated driver resource center,
- Up to 30 days’ jail time,
- A $1,000 per year insurance surcharge that applies for three years,
- A $100 DUI enforcement surcharge, and
- Installation of an ignition interlock device for six months to one year after the driver’s license is restored.
Second offense DUID penalties are even more severe, and can add:
- A two-year drivers’ license suspension,
- $500-$1,000 in fines, in addition to the $1,000 per year insurance surcharge,
- 30 days community service,
- Up to 90 days in jail,
- Installation of an ignition interlock device for between one and three years after the driver’s license is restored.
For third and subsequent offenses, the driver’s license can be suspended for ten years and he or she can be imprisoned for up to 180 days.
Schedule a Free Initial Consultation to Discuss Your Case with a Knowledgeable Mercer County DUID Lawyer Today
DUID penalties can be severe, and can even impair your ability to work and earn a living. Even if you have been accused for the first time, the punishment can have long-lasting consequences and will remain a part of your permanent record. Hiring a DUID attorney from the Davis Law Firm, LLC could make a difference. Call our offices or fill out this secure online form, to schedule a free initial consultation with one of our experienced DUID defense attorneys today. Our offices are conveniently located at 2653 Nottingham Way, Hamilton, NJ 08619.
FAQ: I was arrested for DUID, but I was using legally prescribed drugs in the manner specified by my doctor. Can I be convicted? Yes. It is not a defense to a DUID charge that your drug use was legal or medically necessary. If you were found to be “intoxicated” while driving, you can face the same penalties as you would face had the drugs been illegally obtained or abused. In these cases, depending upon the facts and circumstances of the case, the primary defense would involve establishing that the prescription drugs did not impair your ability to drive.
FAQ: Am I required to submit to a urine test if I have been accused of driving under the influence of drugs? No. Unlike in the case of driving under the influence of alcohol, where you are legally required to submit to a breath test and can face additional penalties for refusal, you will not face additional penalties for refusing to submit to a urine test.
FAQ: What is a drug recognition expert and how can law enforcement officials use one to prove a DUID case? A drug recognition expert (DRE) is a law enforcement official who has received specialized training to identify individuals who are under the influence of drugs. These DREs evaluate your physical and psychological symptoms, as well as any statements that you have made, in order to develop evidence that an accused person was under the influence of drugs while driving. Results of these tests can often be challenged by an experienced DUID defense attorney.