New Jersey Driving Under the Influence of Marijuana Lawyers
Aggressive Union County Criminal Defense Lawyers Fight to Defend the Rights and Interests of Those Charged with Driving Under the Influence of Marijuana
Smoking marijuana or consuming marijuana-laced products can impair a person’s ability to safely operate a motor vehicle. The active compound in marijuana that causes a person to feel “high”, THC, can alter a person’s senses and mood, create difficulties with thinking and problem-solving and memory, and impair body movements. As a result, a person driving under the influence of marijuana will likely have slowed reaction times and poor coordination that renders them unable to safely drive. When you’ve been charged with a marijuana DUI, the experienced New Jersey Driving Under the Influence of Marijuana Lawyers at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC act quickly to protect your legal rights and interests.
In New Jersey, driving under the influence of marijuana is treated very seriously, the same as a person who is severely intoxicated by alcohol while behind the wheel. If you are facing a charge of driving under the influence of marijuana, you need experienced legal representation to help you mitigate the serious consequences that an arrest and possible conviction can have on your life. The Union County criminal defense lawyers of Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC stand ready to tirelessly work to fight your charges and help you get back to your regular life.
With more than 25 years of experience in New Jersey’s criminal justice system, our attorneys closely review police reports and evidence in your case and work with investigators and experts to consider every possible defense and legal options we can use to hold the prosecution to its obligation to prove its case beyond a reasonable doubt and to secure the best possible outcome to your charges. You can expect that our legal team will give you and your case the focused attention and detailed effort that you and your rights and interests deserve.
DUI Marijuana Laws in NJ
In New Jersey, driving under the influence of marijuana is charged under the same statute as driving under the influence of alcohol with a blood alcohol content of 0.10 percent or higher. Penalties for a conviction of driving under the influence of marijuana include:
- Fine between $300 and $500
- Jail sentence of up to 30 days
- Requirement to attend between 12 and 48 hours, with at least two consecutive days of at least six hours, at an Intoxicated Driver Resource Center
- License suspension of seven months to one year
- Insurance surcharge of $1,000 per year for three years
A conviction for driving under the influence of marijuana can also have other consequences on your personal and professional life. For example, a criminal record for DUI can render you ineligible to apply for certain jobs. Having a criminal record, in general, can also make it difficult to secure employment, educational, or housing opportunities for years after you’ve completed your sentence.
New Jersey Driving Under the Influence of Marijuana Lawyers Work Tirelessly to Get You the Best Possible Outcome to Your Charges
At Bramnick Law, our knowledgeable New Jersey Driving Under the Influence of Marijuana Lawyers will quickly get to work in your case conducting our own detailed investigation of the facts and circumstances of your charges, rather than simply relying on the evidence provided to us by the prosecution. Our legal team will thoroughly explore potential factual and legal defenses we might raise in your case, including:
- Where you were “operating” a vehicle under the legal definition
- Challenging the qualifications or the reliability of the observations of the police’s Drug Recognition Expert
- Challenging the qualifications and reliability of the testimony of police officers who allege to have witnessed you under the influence of marijuana
- Contesting the admissibility of marijuana seized from your person or vehicle
- Challenging the legality of your traffic stop
- Calling expert witnesses to explain rates of metabolism of THC and other compounds from marijuana, to challenge the probative value of urine drug testing
- Arguing that the totality of the state’s evidence is insufficient to prove beyond a reasonable doubt that you were operating a vehicle while suffering from a substantial deterioration of your physical and mental faculties such that you could not safely drive
In addition to developing a strong defense in your case, our attorneys can also help you explore alternatives to criminal prosecution, including determining whether you are eligible for programs such as drug court (in which you can receive a sentence of probation as a condition of attending drug treatment and complying with other conditions of the program) or pretrial intervention, (successful completion of which results in having no record of conviction).
Contact Our Firm for a Free Consultation to Discuss Your Case and Learn More about Your Rights and Options for Facing Your Charges
If you are facing charges of driving under the influence of marijuana, you need to act quickly to protect your legal rights and interests in the criminal justice process. Contact Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC today for a free, confidential consultation to speak with one of our experienced New Jersey Driving Under the Influence of Marijuana Lawyers about the details of your case and to discuss how our firm can help you address your charges and work towards the best possible outcome that gets you back to your normal life as soon as possible.
Frequently Asked Questions about Driving Under the Influence of Marijuana in New Jersey
FAQ: Can I be arrested for driving under the influence of marijuana if I have a medical marijuana card? Yes. Although the Compassionate Use of Medical Marijuana Act authorizes possession and use of medical marijuana pursuant to a license, the statute also expressly prohibits licensed medical marijuana users from operating or being in control of any vehicle while under the influence of marijuana. Just because you are under the influence of lawfully consumed marijuana does not mean you can legally drive under the influence.
FAQ: Is there a “limit” of marijuana I can have in my system without being charged with driving under the influence of Marijuana? No. New Jersey does not have any “limit” for marijuana in your system like the 0.08 BAC limit for alcohol. Although a few states have established a THC limit for charging a driver with presumptively being under the influence of marijuana, New Jersey has not done so. THC can take weeks to metabolize out of a person’s system so urine testing is not considered a dispositive sign that a driver was under the influence at the time they were operating a vehicle. Instead, New Jersey uses Drug Recognition Experts to assess the ability of a driver, suspected to be under the influence of drugs such as marijuana, to safely operate a motor vehicle. Of course, the prosecution can use evidence other than DREs to prove a driver was operating under the influence of marijuana.
