Learn About Drunk Driving Consequences in New Jersey

In New Jersey, there is no legal definition of drunk driving; rather, the law sets forth specific actions that constitute a violation of the state’s traffic laws. Driving while intoxicated or drugged is an offense, regardless of blood alcohol concentration, or BAC, levels. The state’s motor vehicle code defines several types of driving offenses, including offenses that occur when a driver is “under the influence of intoxicating liquor,” a drug, or a combination of both.

The law classifies driving under the influence of drugs into three categories:

(1) “drug driving,” when a person drives with “an unlawful amount of a controlled dangerous substance in his body”;

(2) “driving impaired by a drug,” which occurs when a person drives while his blood contains certain illegal substances; and

(3) “combined driving,” when a person drives while he has a “unlawful amount of a controlled dangerous substance in his body and is under the influence of liquor.”

Under the law, driving while drugged or under the influence of a drug does not necessarily mean that a person has consumed an illegal substance, such as marijuana. Nor does it necessarily mean that a person is impaired or unsafe to drive. In fact, many motorists may believe they are sober when they are actually intoxicated.

A conviction for driving while drugged or under the influence of a drug does not preclude a driver from operating a motor vehicle; it merely establishes a new charge against him or her. The driver may be convicted of the additional charge, depending on the evidence presented by the prosecution.

When a police officer pulls a driver over for suspicion of drunk driving, he or she will often conduct field sobriety tests. These tests are administered to assess whether the driver is able to perform several tasks, including walking in a straight line, standing on one leg, and counting backwards from a given number. If the driver fails these tests, or if the driver fails a preliminary breath test, the police officer will then request a blood or urine sample to determine the driver’s BAC.

If the driver’s BAC exceeds the legal limit, the driver will likely face a criminal charge of DWI, aggravated assault, homicide by motor vehicle, or other crimes. In addition to any charges stemming from the actual crash, the driver will also face penalties related to the incident, such as license suspension, fines, and other legal consequences.

At the law firm of Levow DWI Law P.C., we are dedicated to the representation of clients who have been charged with drunk driving offenses in New Jersey, and we understand the consequences that follow. If you are facing criminal charges related to drunk driving, it is important that you seek aggressive legal counsel from an experienced criminal defense attorney. We will provide you with the guidance and support you need to resolve your case. Contact us today to schedule a consultation.