Firm Logo

Marijuana-Related DUIs in New Jersey

June 05, 2019

can I get arrested for driving highStatistics on Marijuana Use in the United States

The National Institute on Drug Abuse suggests that marijuana is the most commonly used illegal substance. According to their estimates, about 22.2 million people will have ingested the drug in the past month.

There’s no doubt that the public’s perception about marijuana is changing, and lawmakers have taken notice. While some states have decriminalized or legalized the substance, there is one important law that still applies: driving under the influence. Read on to learn more about what a marijuana DUI is and what the consequences are.

What is a Marijuana DUI?

New Jersey’s laws allow authorities to charge a person with a DUI if they’re suspected to be driving while under the influence of any habit-producing drug. Marijuana, according to the federal government, is a habit-producing drug. While this definition is up for debate in New Jersey, the DUI law is not. Regardless of the changing laws, you can still get charged with a DUI anytime police suspect you are under the influence.

How Will NJ Authorities Determine my Level of Impairment?

With alcohol, police can easily determine a person’s level of impairment by using breathalyzers and blood alcohol level blood tests. Marijuana, on the other hand, is much more difficult to analyze. In New Jersey, police mainly rely on drug recognition officers who can perform field sobriety tests. These specialists are not always available, so many officers rely on tests that measure a person’s reaction time, hand-eye coordination and other impairment factors. If you are found to be impaired, then officers can charge you with a marijuana-related DUI.

Unlike alcohol, police can’t use a drug test to determine a smoker’s impairment level. THC stays inside of a person’s body for over thirty days, so there’s no real proof that the person was impaired even when a sample comes back positive. If the person has a medical marijuana license, then the case becomes even more complicated.

What Are the Consequences of a Marijuana DUI?

In New Jersey, a first-time offender could be fined anywhere from $250 to $400. They could also lose their driving privileges for up to a year and remain incarcerated for up to 30 days. If this isn’t your first DUI charge, then the penalties will be even more severe.

Contact an Experienced Moorestown DWI Defense Attorney About Your Marijuana-Related DUI Charges in New Jersey

Have you been charged with a DWI or DUI offense in New Jersey? A DUI conviction could leave you with a permanent record, and it could result in your driver’s license being suspended for a very long time. That is why it is imperative that you speak with a qualified DWI defense lawyer about your case. The Law Offices of Michele Finizio represents clients charged with driving under the influence, breath test refusal, and related offenses in Camden, Cherry Hill, Washington Township, Monroe, Mount Laurel, and Medford, and throughout New Jersey. Call 856-888-9059 or fill out our confidential contact form to schedule a free consultation about your case. We have an office located at 9 E. Main St, Moorestown, NJ 08057.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Reviews Matter

“First-class representation. We owe a debt of gratitude for her service. I was shocked at how much she was able to do for my son. She is a solid lawyer who is honest and works to ensure the best possible outcome for her client is achieved.”
- Former Client

“I could not have asked for a better attorney. Michele Finizio treated my case and the cases of those I’ve recommended as if we were part of her family. She gave it all she had. Thank you very much for an outstanding job.”
- D.A.

"Michele is an outstanding, no-beat-around-the-bush lawyer. She has done a remarkable job for me. She comes HIGHLY recommended by me to anyone who needs an experienced criminal defense attorney."
- C.O.

“Very professional qualities. I highly recommend Michele and will continue to seek her legal expertise in the future.”
- Former Client
View All Client Reviews