New Jersey DWI Lawyer Blog
If you were arrested on suspicion of driving impaired by marijuana, it is imperative to reach out to a seasoned New Jersey drugged driving defense attorney who can help. The consequences of such a charge can be severe. You can rest assured that we are here to answer your questions and build you a strong defense in your case.
Mothers Against Drunk Driving (MADD) has expressed concerns about the repercussions of the legalization of marijuana on the roads. States, such as Washington, Oregon, and Colorado, that have already approved the use of marijuana have seen a sharp increase in fatal accidents. The Insurance Institute for Highway Safety and the Highway Loss Data Institute found that highway crashes increased by 3 percent overall in those three states after the legalization of recreational marijuana use.
MADD’s concern is well founded and supported by other statistics as well. Drugs, both legal and illegal, are involved in approximately 16 percent of motor vehicle crashes, according to the Centers for Disease Control and Prevention (CDC). The CDC also found that marijuana use has been increasing, and about 13 percent of nighttime and weekend drivers have marijuana in their system. Additionally, marijuana users were 25 percent more likely to be involved in a wreck than non-marijuana users, although other factors, such as age and gender, may also account for the increased crash risk.
The basic offense of driving while intoxicated (DWI) in New Jersey consists of driving with a blood alcohol content (BAC) of 0.08 percent or higher. But DWIs are not limited to alcohol and extend to drugs as well. Under New Jersey Statute 39:4-50, individuals are prohibited from operating a motor vehicle under the influence of “any narcotic, hallucinogenic or habit-producing drug.” This includes illegal drugs, over-the-counter medications, and prescription medications. Put simply, if the use of any drug impairs or interferes with a person’s ability to drive safely, it can form the basis of a DWI.
You should not forget that as a defendant, you have rights that should not be violated by law enforcement. For example, law enforcement may tell you that you must submit to a chemical test under New Jersey’s implied consent law. However, New Jersey’s implied consent law only requires that drivers undergo a chemical test to determine blood alcohol content in the blood, rather than marijuana content. Our firm can thoroughly examine the facts of your case to determine whether each process was carried out in a lawful manner.
If you have been charged with a DWI in New Jersey, you should not waste any time in reaching out to a seasoned New Jersey DWI attorney. We understand how far-reaching the impact of a DWI conviction can be on an individual’s life, which is why we will fight to protect your rights at every step of the way. With years of experience, we know how to build a solid defense in DWI cases. For a free consultation about your case, do not hesitate to contact us online or call us at 877-450-8301.
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