Drug DUI Attorney Elizabeth, NJ

If you’re facing a drug DUI charge in Elizabeth, New Jersey, the consequences can be severe. A conviction can lead to license suspension, hefty fines, mandatory drug and alcohol programs, and even jail time. Don’t risk your future. When facing a drug DUI charge in Elizabeth, New Jersey, Brett M. Rosen, Esq. is an excellent choice for legal representation. Here’s why:

What is a Drug DUI in Elizabeth, New Jersey?

In New Jersey, driving under the influence (DUI) is not limited to alcohol. You can be charged with a DUI (NJSA 39:4-50) for driving while impaired by any drug – illegal or prescription – that affects your ability to operate a vehicle safely.

Why Drug DUI Cases Are Complex

Drug DUI cases are often more complex than alcohol-related DUIs due to:

• Evidence: Proving drug impairment can be challenging. It involves toxicology reports, field sobriety tests (which may be less reliable for drugs), and expert testimony.
• Penalties: The penalties for drug DUI are similar to alcohol DUI, but can be enhanced depending on the type of drug involved. Typically, a person will lose their driving privileges for at least 7 months and at most 1 year. 
• Collateral Consequences: A drug DUI conviction can affect your employment, insurance rates, and even your ability to travel.

Fighting Back Against Drug DUI Charges in Elizabeth, NJ: Defense Strategies

A drug DUI charge isn’t a foregone conclusion. Experienced legal representation can make a significant difference in the outcome of your case. Here are some powerful defense strategies we may employ:

1. Challenging Field Sobriety Tests (FSTs):

• Subjectivity: FSTs are often subjective and can be influenced by factors like nervousness, fatigue, or medical conditions. We can argue that the officer’s interpretation was incorrect.
• Improper Administration: FSTs must be administered strictly according to standardized procedures. If the officer made any errors, the results may be inadmissible in court.

2. Disputing Chemical Tests (Blood or Urine):

• Chain of Custody: We’ll scrutinize the handling and storage of your sample to ensure there was no contamination or tampering.
• Lab Errors: Labs are not infallible. We can challenge the accuracy of the test results due to human error, faulty equipment, or improper procedures.
• Rising Blood Alcohol Concentration (BAC): If the test was conducted hours after your arrest, your BAC could have been rising, not falling, at the time of driving.

3. Questioning Police Conduct:

• Lack of Reasonable Suspicion: We’ll examine whether the officer had a valid reason to stop your vehicle in the first place. If the stop was illegal, any evidence obtained after that may be inadmissible.
• Miranda Rights Violations: If you weren’t informed of your right to remain silent and to have an attorney present, any statements you made to the police may be suppressed.

4. Alternative Explanations:

• Prescription Medications: We’ll investigate whether any prescription medications you were taking could have caused symptoms similar to drug impairment.
• Medical Conditions: Certain medical conditions can mimic signs of drug intoxication. We may consult with medical experts to explore this possibility.
• Lack of Impairment: We’ll gather evidence to show that you were not actually impaired at the time of driving and could operate your vehicle safely.

Additional Potential Defenses:

• Involuntary Intoxication: If you unknowingly ingested a drug that impaired your driving, it may be a defense.
• Necessity: In rare cases, you may have been driving under the influence to avoid a greater harm.

Remember: Every case is different. Consulting with an experienced attorney like Brett M. Rosen, Esq., is crucial to assessing your specific situation and developing the strongest defense strategy possible.

FAQs About Drug DUI Charges in Elizabeth, NJ

Q: What drugs can lead to a DUI charge in New Jersey? A: Any drug that impairs your ability to drive safely can lead to a DUI charge. This includes illegal drugs like marijuana, cocaine, and heroin, as well as prescription and over-the-counter medications that cause drowsiness, dizziness, or impaired judgment.

Q: How does a drug DUI differ from an alcohol DUI? A: Both involve driving under the influence of a substance that impairs your ability to operate a vehicle safely. However, drug DUI cases can be more complex due to the variety of drugs, the difficulty of proving impairment, and the potential for enhanced penalties.

Q: What are the penalties for a drug DUI in New Jersey? A: The penalties for a drug DUI are similar to an alcohol DUI and depend on factors like prior offenses and the level of impairment. They can include: * License suspension * Fines * Mandatory drug and alcohol programs * Jail time (in some cases)

Q: Will a drug DUI conviction show up on a background check? A: Yes, a drug DUI conviction will appear on your criminal record and can affect your employment, housing, and other opportunities.

Q: Can prescription medications lead to a drug DUI charge? A: Yes, even if you have a valid prescription, you can be charged with a drug DUI if the medication impairs your driving ability.

Q: What should I do if I’m arrested for a drug DUI? A: Remain calm, be polite, and exercise your right to remain silent. Do not consent to any searches or answer any questions without an attorney present. Contact a lawyer as soon as possible to protect your rights.

Q: Can I refuse a blood or urine test in a drug DUI case? A: You can refuse, but it may lead to automatic license suspension and other consequences under New Jersey’s implied consent law. An attorney can advise you on the best course of action.

Q: How much does it cost to hire a lawyer for a drug DUI in Elizabeth? A: Attorney fees vary depending on the complexity of the case and the experience of the lawyer. At the Law Offices of Brett M. Rosen, Esq., we offer free consultations to discuss your case and our fees.

Q: Can I get my drug DUI charges dismissed or reduced? A: The possibility of dismissal or reduction depends on the specifics of your case, the evidence against you, and the strength of your defense. An experienced attorney can analyze your situation and work towards the most favorable outcome.

Additional FAQs: Drug DUI in Elizabeth, NJ

1. How do police officers detect drug DUI in Elizabeth, NJ?

• Officers look for signs of impairment like erratic driving, bloodshot eyes, slurred speech, and difficulty performing field sobriety tests. They may also use drug recognition experts (DREs) trained to identify specific signs of drug influence.

2. What are the specific penalties for a first-time drug DUI in Elizabeth, NJ?

• A first drug DUI conviction carries penalties similar to an alcohol DUI:

  • License suspension: 7 months to 1 year
  • Fines: $300 – $500 plus additional court fees
  • Possible jail time up to 30 days   
     
  • Mandatory attendance at an Intoxicated Driver Resource Center (IDRC)
  • Potential installation of an Ignition Interlock Device (IID)

3. How does a drug DUI impact my ability to get a job in Elizabeth, NJ?

• A drug DUI conviction can appear on background checks, potentially affecting your ability to get certain jobs, particularly those involving driving or requiring a clean record.

4. Can I still face drug possession charges if I’m arrested for a drug DUI?

• Yes, if drugs are found in your possession during the DUI stop, you can face additional charges for drug possession, which carry separate penalties.

5. What if I was taking prescription medication prescribed by my doctor? Can I still be charged with a drug DUI?

• Yes, even if you have a valid prescription, you can be charged if the medication impairs your driving. It’s important to understand the potential side effects of your medication and avoid driving if it affects your ability to operate a vehicle safely.   

6. What is the difference between a blood test and a urine test in a drug DUI case?

• Both can detect the presence of drugs in your system, but a blood test is generally considered more accurate and reliable. A urine test may be less invasive but can be subject to challenges regarding the timing of drug use and potential contamination.

7. What are some signs that I should contact a lawyer after being charged with a drug DUI?

• You should always contact an attorney if charged with any crime. In drug DUI cases, it’s especially important if:

  • You believe the stop or arrest was unlawful.
  • You think the field sobriety tests were unfairly administered.
  • You have questions about the chemical testing procedures.
  • You are unsure of your rights or options.

8. Can I still get a drug DUI if I wasn’t driving erratically?

• Yes, even if you weren’t driving erratically, other signs of impairment (like slurred speech or failed field sobriety tests) can lead to a drug DUI charge.

9. What if I’m a first-time offender? Are there any programs I can participate in to avoid jail time or a conviction?

• First-time offenders may be eligible for diversionary programs like Pretrial Intervention (PTI), which focuses on rehabilitation and can lead to charge dismissal if completed successfully. An attorney can help you explore your eligibility.

10. Can a drug DUI conviction affect my ability to obtain or renew a professional license?

• Depending on your profession, a drug DUI conviction could impact your ability to obtain or renew a professional license. Certain licensing boards may view a conviction as evidence of unprofessional conduct or a lack of good moral character.   

   

Remember: This list is not exhaustive, and every case is unique. Consulting with an experienced attorney like Brett M. Rosen, Esq., is crucial to understanding your specific situation and options.

Why Choose Brett M. Rosen, Esq. for Your Elizabeth, NJ Drug DUI Defense?

Drug DUI Attorney Elizabeth, NJ

• Extensive DUI Experience: Attorney Rosen has a proven track record of successfully defending clients against DUI charges, including those involving drugs.
• In-Depth Knowledge of Drug Laws: We understand the complexities of New Jersey’s drug laws and how they intersect with DUI offenses.
• Scientific Approach: We consult with experts in toxicology and pharmacology to challenge the evidence against you and expose any weaknesses in the prosecution’s case.
• Unwavering Advocacy: We will fight tirelessly to protect your rights, your driving privileges, and your freedom.

Our Drug DUI Defense Strategies in Elizabeth

1. Challenging Field Sobriety Tests: We scrutinize the administration and results of field sobriety tests, highlighting any inconsistencies or improper procedures.
2. Disputing Chemical Tests: We analyze toxicology reports, questioning the accuracy and reliability of the testing methods and results.
3. Investigating Police Conduct: We examine the circumstances of your arrest, ensuring your rights were not violated during the stop, arrest, or testing procedures.
4. Exploring Alternative Explanations: We may investigate medical conditions or prescription medications that could explain your behavior or test results.

Take Action Today. Protect Your Future.

Don’t let a drug DUI charge dictate your future. Contact the Law Offices of Brett M. Rosen, Esq. now for a free and confidential consultation. We’re ready to build a strong defense on your behalf.

Call 908-312-0368 to schedule your consultation.

Law Offices of Brett M. Rosen, Esq. 

We serve Elizabeth and all of Union County.

Disclaimer: This website is for informational purposes only and does not constitute legal advice.