Drug DUI Attorney in Elizabeth, New Jersey

Brett M. Rosen, Esq. – Your Defense Against DUID Charges

New Jersey takes driving under the influence of drugs (DUID) just as seriously as driving under the influence of alcohol (DUI). If you’ve been arrested for DUID, understanding the law and having experienced legal representation is crucial. When facing a drug DWI charge in New Jersey, it’s crucial to have a seasoned defender like Brett M. Rosen on your side. Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, Rosen brings a wealth of experience and a track record of success to the table. His strategic approach to legal defense, combined with his meticulous attention to detail, ensures that every client receives robust representation. With Rosen’s assertive cross-examination skills and his innovative legal strategies, clients can expect a vigorous defense that aims for the best possible outcome. His dedication to justice and his passion for upholding the rights of the accused make him a formidable advocate in any drug DWI case. Choosing Brett M. Rosen means opting for a lawyer who is not only highly rated by peers and clients alike but also one who has demonstrated time and again his ability to navigate the complexities of New Jersey’s legal system to secure favorable results for his clients. Contact him today about your New Jersey driving under the influence charge.  

New Jersey DUID Law: N.J.S.A. 39:4-50

The law states that it’s illegal to operate a motor vehicle while under the influence of:

• Any illegal drug: This includes marijuana (even if medically prescribed), cocaine, heroin, etc.
• Prescription drugs: Even legally prescribed medication can lead to a DUID if it impairs your ability to drive safely.
• Over-the-counter drugs: Some OTC drugs can cause drowsiness or other side effects that impair driving.
• Any other substance: This can include inhalants or other substances that affect your ability to drive.

How Is DUID Determined?

DUID charges are typically based on a combination of:

• Officer’s observations: Erratic driving, slurred speech, disorientation, etc.
• Field sobriety tests: These assess coordination, balance, and ability to follow instructions.
• Drug recognition expert (DRE) evaluation: A DRE is trained to identify signs of drug impairment.
• Blood or urine tests: These analyze the presence of drugs in your system.

Penalties for DUID in New Jersey

The penalties for DUID are the same as DUI and depend on the number of prior offenses:

First Offense:

• Fines: $300-$500, plus additional surcharges and fees.
• License Suspension: 7 months to 1 year.
• Jail Time: Up to 30 days (at the court’s discretion).
• IDRC: Mandatory attendance at an Intoxicated Driver Resource Center program.

Second Offense:

• Fines: Up to $1,000, plus surcharges.
• License Suspension: 2 years.
• Jail Time: Up to 90 days.
• Community Service: 30 days.

Third or Subsequent Offense:

• Fines: Up to $1,000, plus surcharges.
• License Suspension: 10 years.
• Jail Time: Up to 180 days.
• Ignition Interlock Device: Mandatory installation.
• Drug/Alcohol Rehab: Required participation in a program.

Additional Consequences

• Increased insurance rates.
• Difficulty finding employment.
• Immigration consequences.
• Loss of professional licenses.

New Jersey DUID Defense Strategies: Your Path to a Strong Case(N.J.S.A. 39:4-50) 

If you’re facing a Driving Under the Influence of Drugs (DUID) charge in New Jersey, understanding your legal options is crucial. Here’s a detailed breakdown of potential defense strategies that a skilled DUID attorney can employ to protect your rights and driving privileges:

Challenging the Traffic Stop

• Lack of Reasonable Suspicion: The police must have a valid reason to pull you over. If they didn’t have reasonable suspicion of a traffic violation or criminal activity, the stop may be deemed illegal, and any evidence obtained afterward could be inadmissible.

• Incorrect Administration of Field Sobriety Tests: Field sobriety tests (FSTs) are designed to assess your coordination and balance. However, these tests can be subjective and influenced by various factors like fatigue, nervousness, or medical conditions. An attorney can challenge the officer’s administration of the FSTs or argue that the results were not indicative of drug impairment.

Challenging Chemical Tests

• Invalid Blood or Urine Test Results: Errors in the collection, handling, or analysis of blood or urine samples can invalidate the test results. An attorney can investigate the testing procedures, challenge the lab’s credentials, or argue for the exclusion of unreliable evidence.

Questioning the Officer’s Observations

• Subjective Interpretation: Police officers’ observations are subjective and can be influenced by personal biases. An attorney can challenge the officer’s testimony, highlighting any inconsistencies or discrepancies in their observations.

• Alternative Explanations: Many factors besides drug use can cause symptoms similar to drug impairment, such as fatigue, illness, or nervousness. A skilled attorney can present evidence to explain your behavior and raise doubt about the officer’s conclusions.

Proving Lack of Impairment

• Prescription Medication: If you were taking prescription medication, your attorney can argue that you were not impaired and that the drug did not affect your ability to drive safely.

• Medical Conditions: Certain medical conditions can mimic the signs of drug impairment. Your attorney can gather medical records and expert testimony to support this defense.

• No Evidence of Drug Use: If there is no evidence of recent drug use, your attorney can challenge the basis for the DUID charge. This could involve questioning the reliability of the officer’s observations and the accuracy of any chemical tests.

Additional Defenses

• Necessity: In rare cases, you may be able to argue that you were driving under the influence of drugs due to an emergency situation.

• Entrapment: If law enforcement induced or coerced you into driving under the influence, this could be a valid defense.

Why Choose Brett M. Rosen, Esq.?

Our experienced DUID attorneys have a deep understanding of New Jersey law and a proven track record of successful defenses. We will:

• Thoroughly investigate your case: We leave no stone unturned in our pursuit of evidence to support your defense.
• Aggressively advocate for you: We will fight tirelessly to protect your rights and driving privileges.
• Develop a personalized defense strategy: We will tailor our approach to your unique circumstances to maximize your chances of a favorable outcome.

Don’t Face DUID Charges Alone

If you’re facing DUID charges in New Jersey, contact Brett M. Rosen, Esq. today for a confidential consultation. We’re here to help you navigate this complex legal process and achieve the best possible result.

New Jersey DUID FAQ: Your Questions Answered – Defending Your Rights in DUID Cases

If you’ve been charged with driving under the influence of drugs (DUID) in New Jersey, you probably have many questions. Our experienced DUID attorney has compiled this FAQ to address common concerns and help you understand your legal situation:

Q: What is DUID in New Jersey? A: DUID stands for Driving Under the Influence of Drugs. It is illegal to operate a motor vehicle in New Jersey while impaired by any drug, whether it’s illegal, prescription, over-the-counter, or even a legal substance like marijuana (even with a medical card).

Q: How does DUID differ from DUI (Driving Under the Influence of Alcohol)? A: While both involve impaired driving, DUID specifically focuses on drug impairment, not alcohol. The penalties for DUID are the same as DUI, depending on the number of prior offenses.

Q: What drugs can lead to a DUID charge? A: Any drug that impairs your ability to drive safely can result in a DUID charge. This includes: * Illegal drugs: Marijuana, cocaine, heroin, etc. * Prescription drugs: Painkillers, sedatives, stimulants, etc. * Over-the-counter drugs: Cold and allergy medications, sleep aids, etc. * Other substances: Inhalants, etc.

Q: How do police officers determine if someone is driving under the influence of drugs? A: Officers may base a DUID charge on: * Erratic driving behavior * Field sobriety tests * Drug Recognition Expert (DRE) evaluation * Blood or urine tests

Q: What are the penalties for a DUID conviction in New Jersey? A: Penalties vary based on the number of prior offenses and can include fines, license suspension, jail time, mandatory rehabilitation programs, and the installation of an ignition interlock device.

Q: Can I refuse a blood or urine test if I’m suspected of DUID? A: You have the right to refuse, unless the officer gets a warrant, then you will have to provide a blood or urine sample. 

Q: What are some common defenses against DUID charges? A: Potential defenses include: * Challenging the legality of the traffic stop * Questioning the accuracy of field sobriety tests * Challenging the validity of chemical tests * Proving lack of impairment or alternative explanations for your behavior

Q: Is it possible to get a DUID charge dismissed? A: Yes, depending on the circumstances of your case. An experienced DUID attorney can investigate the facts, challenge the evidence, and explore all possible defense strategies to seek a dismissal or reduction of charges.

Q: How can a DUID lawyer help me? A: A DUID lawyer will protect your rights, guide you through the legal process, investigate the details of your case, and build a strong defense strategy to achieve the best possible outcome.

Q: What should I do if I’m arrested for DUID? A: Remain silent, be polite, and contact a DUID attorney as soon as possible. Do not discuss your case with anyone else until you have legal counsel.

Contact Brett M. Rosen, Esq. Today

If you or someone you know is facing DUID charges in New Jersey, don’t hesitate to seek help. Contact Brett M. Rosen, Esq. today for a free consultation. Our experienced DUID attorneys are ready to fight for your rights and help you achieve the best possible outcome for your case.

Drug DUI Lawyer in New Jersey

Facing a DUI charge in New Jersey can be a stressful and uncertain time. The consequences of a conviction can be severe, affecting not just your driving privileges but also your employment opportunities, personal relationships, and financial stability. It’s crucial to have a skilled and experienced attorney like Brett M. Rosen on your side. Here are some reasons why Brett M. Rosen is the right choice for your defense:

1. Certified Expertise: Brett M. Rosen is not just any attorney; he is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This certification is a testament to his specialized knowledge and skills in criminal trial practice.

2. Proven Track Record: With a history of successful outcomes, Brett M. Rosen has demonstrated his ability to effectively navigate the legal system and secure favorable results for his clients, including acquittals and dismissals.

3. 24/7 Availability: Legal issues don’t wait for convenient times. Brett M. Rosen understands this and offers round-the-clock availability to ensure that your urgent legal needs are addressed promptly.

4. Strategic Defense: Known for his meticulous and assertive approach, especially during cross-examinations, Brett M. Rosen crafts defenses that resonate with judges and juries, increasing the likelihood of a positive outcome.

5. Personal Triumph and Dedication: Brett M. Rosen’s journey to becoming a renowned criminal defense attorney is one of determination and excellence. Despite facing doubt and skepticism, he has proven his capabilities by being selected to the Thomson Reuters Super Lawyers Rising Stars list for criminal defense.

If you’re seeking a defense attorney who combines expertise, dedication, and a strategic approach to legal defense, Brett M. Rosen is an excellent choice to represent you in your DUI case in New Jersey.

Don’t Face DUID Charges Alone

If you’re facing DUID charges in New Jersey, contact Brett M. Rosen, Esq. today for a confidential consultation. We’re here to help you navigate this difficult situation.