Totowa NJ Driving Under the Influence of Drugs (DUI) Defense Attorney
DWI and DUI Lawyer Defending Clients Throughout Passaic County, New Jersey
A DWI or DUI charge is the kind of thing that can happen to anyone. It is not something that you need to be ashamed of, and it is certainly not something that warrants you going to jail. Everybody makes mistakes. The important thing is how you handle it. DWI refers to “driving while intoxicated,” while DUI refers to “driving under the influence.” If you’ve been charged with either a DWI or a DUI offense in New Jersey, you need to consult an experienced DWI and DUI defense attorney.
Alissa D. Hascup is an experienced criminal defense attorney. She represents clients throughout New Jersey, including in Jersey City, Paterson, Morristown, and Newark, who have been charged with serious offenses such as kidnapping, burglary, and stalking.
Ms. Hascup has successfully handled countless of cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former domestic violence prosecutor and special deputy attorney general. During the course of her career with the Morris County Prosecutor’s Office, she handled cases ranging from Homicide (murder) and aggravated assault to robbery and weapons offenses. Now she is fighting for you.
Contact Alissa Hascup anytime for an initial consultation about your DUI charges. This initial consultation is always provided free of charge. Please continue reading this page for more information about DUI charges and penalties in New Jersey.
New Jersey DUI Statute: N.J.S.A. 39:4-50
In New Jersey, the penalties for driving under the influence of drugs are set forth by N.J.S.A. 39:4-50, which provides, in pertinent part, that:
(ii) a person who operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug is subject to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers, and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year. (These penalties did not change when the new DWI law went into effect on December 1, 2019.)
Proofs and Penalties in New Jersey DUI Cases
In New Jersey, the proofs for a DUI case are very different from the proofs required for a DWI case. In order to prove that a driver was operating a motor vehicle while under the influence alcohol, the prosecution uses the Alcotest 7110 breath-testing device. In DUI cases, the prosecution can use the results of a urine test. However, although the state can use a urine test to prove the presence of drugs in a driver’s system, urine analysis, on its own, is not always conclusive. This is why, in a DUI case, the prosecution typically also utilizes a Drug Recognition Expert (also known as a “DRE”). A DRE is a law enforcement officer who is trained to detect whether the driver is under the influence of drugs. Part of the DRE’s process is to perform a series of tests on the driver at the police station. The DRE generates a detailed report about the results of these tests.
Although the DRE’s testimony in your case can be damaging, it can also be challenged. A DRE is trained to detect whether a driver is under the influence of drugs, but that does not mean that the DRE is a doctor. In your case, part of our strategy will be to aggressively cross-examine the witnesses against you, including the state’s DRE.
Recently, DREs have come under attack. Courts are questioning whether DRE testimony is scientifically reliable. This could, potentially, have an impact on your case if a DRE is being used by the state to prove the charges against you.
Contact a Totowa NJ DUI Attorney for a Free Consultation About Your Case
It is imperative that you have an experienced DWI and DUI attorney on your side. The penalties for a DUI in New Jersey can be severe. A first offense DUI can result in a period of incarceration of one (1) month in county jail, loss of your driver’s license for between seven (7) months and one (1) year, a requirement to participate in an alcohol education program at the Intoxicated Driver Resource Center (IDRC), and a fine of up to $500. A conviction for a second DUI offense will subject to you to even worse penalties, including up to three (3) months in jail and mandatory suspension of your driver’s license for one (1) to two (2) years. In addition, you will be required to install an Ignition Interlock Device on your vehicle for the period of the suspension and for a period of two (2) to four (4) years following the restoration of your driving privileges.
If you’ve been charged with a DUI in New Jersey, call or email Alissa Hascup right away. Ms. Hascup will speak to you about your case and formulate a strategy to help you potentially reduce or avoid DUI penalties.