If you have been arrested for driving while high in New Jersey, it is important to ensure that you have a clear understanding of what is at risk in your case. While recreational marijuana use is legal for adults aged 21 and over, driving under the influence of marijuana is a serious offense. Convictions can lead to severe penalties and other consequences—and this makes it critical to have an experienced New Jersey DUI lawyer on your side.
Here is an introduction to what you need to know if you have been arrested for driving under the influence of marijuana (or “DUI drugs”) in New Jersey:
Alcohol and Drug DUIs Fall Under the Same New Jersey Statute
In New Jersey, alcohol and drug DUIs fall under the same law: Section 39:4-50 of the New Jersey Revised Statutes. Under Section 39:4-50(a):
“A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug . . . shall be [guilty of DUI].”
While Section 39:4-50(a) also makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08 percent or above, a high BAC is not required if there is evidence to prove that a driver was “under the influence” at the time of his or her arrest. Thus, even if your BAC wasn’t over the legal limit (because you were under the influence of marijuana, not alcohol), you can still face prosecution for DUI.
The fact that alcohol DUIs and marijuana DUIs fall under the same statute has another important implication as well: The same penalties generally apply in both types of cases. Crucially, however, while driving under the influence of alcohol (without a BAC reading) is subject to the same penalties as driving with a BAC of 0.08 to 0.099 percent, the penalties for driving under the influence of marijuana start at the level of driving with a BAC of 0.10 percent or above.
Prosecutors Can Use Various Types of Evidence to Try to Prove a Marijuana DUI
While prosecutors may not be able to use suspects’ BACs in marijuana DUI cases, they can use a variety of other forms of evidence to seek a conviction in court. When facing a marijuana DUI charge, it is imperative that you have a comprehensive understanding of the evidence that prosecutors have in your possession. This is just one of the many aspects of your case where an experienced New Jersey DUI lawyer can provide valuable assistance. Some examples of the types of evidence that prosecutors commonly use in these cases include:
- The Arresting Officer’s Testimony – Prosecutors may call your arresting officer to testify regarding his or her observations both before and during your arrest. If the officer testifies that you were driving erratically, your eyes appeared bloodshot, or you were otherwise showing signs of marijuana intoxication, prosecutors will use this to argue that a conviction is warranted.
- The Drug Recognition Expert’s Evaluation and Testimony – In marijuana DUI cases, the police may call a drug recognition expert (DRE) to the scene or take the suspect to the police station for evaluation by a DRE. A drug recognition expert is a police officer who has received specific training on how to identify the signs of drug impairment. If you were evaluated by a DRE, you can expect prosecutors to rely on the DRE’s evaluation and testimony as well.
- Your “Failure” of the Field Sobriety Tests – Police officers in New Jersey use field sobriety tests (FSTs) to test for both alcohol and drug intoxication. While there are a variety of issues with the FSTs, prosecutors will use your “failure” against you unless you challenge the reliability of your FST results effectively.
- Urine Test Results – If you provided a urine sample following your marijuana DUI arrest, prosecutors will almost certainly seek to use the results of your urinalysis against you as well. However, there are a variety of issues with relying on urinalysis in marijuana DUI cases, and your New Jersey DUI lawyer can raise these issues on your behalf as warranted.
- Your Statements to the Police – If you told your arresting officer or the DRE that you smoked marijuana or consumed edibles before (or while) you were driving, prosecutors will try to rely on your own statements during your DUI case as well. However, your statements may or may not be admissible in court, and even if you admitted to using marijuana, this doesn’t necessarily prove that you were high behind the wheel.
These are just examples. From dash camera or body-worn camera footage to eyewitness testimony, prosecutors may be able to rely on various other types of evidence in your marijuana DUI case as well. Once your New Jersey DUI lawyer has a clear and comprehensive understanding of all of the evidence that is on the table, your lawyer will be able to help you make informed decisions about how to approach your defense.
There Are Several Potential Defenses to Marijuana DUI Charges in New Jersey
While prosecutors can present several types of evidence in marijuana DUI cases, there are several potential defenses to marijuana DUI charges as well. Some examples include:
- The arresting officer’s or DRE’s testimony is unreliable
- Your FST or urinalysis results are unreliable
- Your statements to the police do not prove you were high behind the wheel
- Your statements to the police are inadmissible in court
- Even with their evidence, prosecutors can’t meet their burden of proof
Determining which defenses you can assert in your marijuana DUI case requires a critical assessment of the specific factual and legal issues involved. To find out what defenses you can assert in your case, schedule a confidential consultation with a New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A. today.
Schedule a Confidential Consultation with a New Jersey DUI Lawyer Today
If you are facing a marijuana DUI in New Jersey, our lawyers can help you fight your charge by all means available. To schedule a confidential consultation as soon as possible, call 877-435-6371 or contact us online today.
