In New Jersey, alcohol DUIs and marijuana DUIs are prosecuted under the same law, Section 39:4-50 of the New Jersey Revised Statutes. Marijuana DUIs carry the same penalties as alcohol DUIs involving a BAC of 0.10 percent or above. This means that a conviction can result in up to 30 days in jail, thousands of dollars in fines and surcharges, and other penalties. This makes it critical to have an experienced New Jersey DUI lawyer on your side.
While New Jersey has legalized recreational marijuana use for adults age 21 and over (subject to various restrictions), it remains illegal to drive while high. If you get caught driving under the influence of marijuana, you can be charged with a marijuana DUI, and you can face steep penalties.
When facing a marijuana DUI in New Jersey, it is important to know what is at stake in your case. It is also critical to know what defenses you can assert under the circumstances at hand. By hiring an experienced New Jersey DUI lawyer to represent you, you can ensure that you are making informed decisions, and you can feel confident that you are fighting your marijuana DUI by all means available.
What Constitutes “Driving Under the Influence of Marijuana” in New Jersey?
Driving under the influence of marijuana is prohibited by 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 subject [to prosecution for a DUI].”
To determine whether a driver is “under the influence” of marijuana, the police in New Jersey use a variety of tests and assessments. If you exhibit physical or cognitive signs of being under the influence of marijuana (i.e., you have bloodshot eyes or short-term memory issues), the police may ask you to submit to one or more of the following:
- Field sobriety tests (FSTs)
- Examination by a drug recognition expert (DRE)
- Blood or urine testing
Crucially, while all of these tests can be (and are) used to secure marijuana DUI convictions in the New Jersey courts, they can all be unreliable for various reasons. As a result, when evaluating potential defenses to your marijuana DUI, scrutinizing the tests used to determine that you were under the influence will be a key part of the process.
What Are the Penalties for a Marijuana DUI in New Jersey?
In New Jersey, marijuana DUI charges carry the same penalties as DUI charges based on a blood alcohol concentration (BAC) of 0.10 percent or above. This means that for a first-time offense, a conviction could lead to:
- Up to 30 days in jail
- Thousands of dollars in fines, fees, and surcharges
- 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC)
- License suspension for up to one year
Having a marijuana DUI conviction on your record can have other serious consequences as well. Marijuana DUIs are not eligible for expungement in New Jersey, so your conviction will stay on your record for the rest of your life.
How Can You Fight a Marijuana DUI Charge in New Jersey?
There are several potential defenses to marijuana DUIs in New Jersey. However, the defenses you have available will depend on the circumstances of your case. With this in mind, some examples of potential defenses include:
- The arresting officer improperly administered the FSTs or improperly interpreted your performance
- The DRE improperly assessed your level of impairment
- The arresting officer or DRE was not adequately qualified to assess your level of impairment
- Your blood or urine test result does not conclusively prove that you were “under the influence”
- There is an alternate explanation for your perceived impairment
- You were not “operat[ing] a motor vehicle” at the time of your arrest
- The police violated your constitutional rights during your traffic stop or arrest
Again, these are just examples. Once you hire an experienced New Jersey DUI lawyer to represent you, your lawyer will be able to assess all potential grounds for fighting your marijuana DUI charge.
FAQs: Facing a Marijuana DUI in New Jersey
Is it worth fighting a marijuana DUI if I was driving while high?
Yes, it is absolutely worth fighting a marijuana DUI regardless of the facts of your case. Even if you got caught driving high, you could still have a variety of defenses available.
How can I prove that I wasn’t driving while high?
You don’t necessarily need to prove that you were sober to avoid a marijuana DUI conviction in New Jersey. Even though a marijuana DUI isn’t a criminal charge, prosecutors still have the burden of proving your guilt beyond a reasonable doubt. If you can show that prosecutors don’t have the evidence they need to meet their burden of proof, you should be able to avoid a conviction.
Can a lawyer help me fight a marijuana DUI charge in New Jersey?
Yes, if you are facing a marijuana DUI charge in New Jersey, an experienced DUI lawyer can help you fight your charge by all means available. With all that you have at stake, it is well worth putting an experienced New Jersey DUI lawyer on your side.
How Our Law Firm Can Help if You’ve Been Charged with a Marijuana DUI
From determining what defenses you have available to representing you in court, our law firm can help with all aspects of your New Jersey marijuana DUI case. With that said, time is of the essence. To help maximize your chances of avoiding unnecessary consequences, it is important that you speak with a lawyer as soon as possible.
Schedule an Appointment with a New Jersey DUI Lawyer Today
To schedule an appointment with a New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A., contact us today. Call 877-435-6371 or tell us how we can reach you online to speak with one of our experienced lawyers in confidence.