The offense of driving under the influence of drugs is commonly referred to as DUI. While a DUI charge arises out of N.J.S.A. 39:4-50 just like an alcohol related violation, defending a drug DWI is much different. The proofs that must be presented by the prosecutor to prove a DUI are different from an alcohol DWI, and it is an absolute must in our mind that anyone charged with this offense have a lawyer well versed in this area of law. The attorneys at firm possess a high quality experience in handling DUI and do not hesitate to consult us if you are facing such a charge. Initial consultations are free of charge and we hope you find the information that follows of assistance.
The first important consideration if you are charged in Wall Township with a DUI is that the state must produce some form of scientific evidence to substantiate the presence of marijuana, narcotics, or some other form of drugs in your system. The typical form of evidence is urine sample but blood is also common. Assuming such evidence can be presented to the Municipal Court Judge in Wall, it must still be established that you were “under the influence” of the drugs at the time of operation. What we mean by this is that the drugs effected you to the extent that it prevented you from safely operating a motor vehicle. The way the state establishes this element is through testimony by a drug recognition expert (“DRE”). A DRE is a police officer specially trained to recognize drug influence and provide reliable opinion as to the type of drug involved. DREs are very rare in New Jersey and most police departments have very few that possess this necessary qualification.
It should be clear from our brief summary that there are significant hurdles that must be cleared for the prosecutor in Wall to prove a DUI. This may be one of the reasons our skilled Wall DUI defense lawyers have so much success defending marijuana and other drug based DWI offenses. Lets talk about your case.