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New Jersey DWI Drugs Penalties

You can be arrested for DWI involving drugs if you are under the influence of any of the following:

  • Marijuana
  • Cocaine
  • Narcotics
  • Hallucinogens
  • Synthetic marijuana (K2, Spice)
  • Bath salts
  • Certain prescription medications
  • Many other substances

Penalties for a DWI Drugs Charge in NJ

Jail Sentence License Suspension IDRC Detainment Fines Surcharges
First Offense Up to 30 days 7-12 months 12-48 hours $300-$500 $3,500+
Second Offense within 10 years 2-90 days 2 years 12-48 hours $500-$1,000 $3,500+
Third Offense within 10 years 180 days 10 years 12-48 hours $1,000 $5,000+

Evidence and Defenses

The penalties are severe and the charges are serous—but if you have been arrested for DWI involving drugs, there are ways to defend you against these charges.

DWI drug charges normally have two main types of evidence: toxicology reports and the testimony of the arresting officer. The tests police use to determine if a driver is under the influence of drugs are called drug recognition evaluations (DRE).

Qualified and certified personnel must conduct toxicology reports according to scientific standards and procedures. If a urine or blood sample is mishandled or stored improperly, it may become contaminated. If the integrity of the sample is in doubt, it may be grounds to have that sample ruled inadmissible which may lead to a dismissal of the case.