An offense that is definitely on the rise in Red Bank Municipal Court is driving under the influence of drugs (a.k.a. “DUI”). There are a number of factors for the increase in Red Bank DWI charges involving marijuana, heroin and other drugs, including greater awareness on the part of police of this issue. Almost daily you read about the problems with opiate based drugs in the Asbury Park Press (e.g. heroin and prescription pain medication) and operation of motor vehicles comes in tandem for many who use these any other controlled dangerous substances. If you or someone you are helping was arrested for driving under the influence of marijuana or another drug, our Red Bank Criminal Defense Firm can assist you in avoiding a suspension of your license and other consequences that come with a N.J.S.A. 39:4-50 conviction.
Drug DWI Violation in Red Bank NJ
The most important thing you want to know about a drug DWI case is the role of a drug recognition expert (“DRE”). Unlike an alcohol based DWI, a drug based violation of N.J.S.A. 39:4-50 is not susceptible to evaluation through a breath test. As a result, police must resort to a blood or urine test to establish the presence of drugs in the motorist’s system. A warrant is required to secure these samples, absent a knowing and intelligible consent, and the state police lab must test the sample in Red Bank DUI cases. Even if your sample is positive for drugs, there must be a DRE examination and report linking the presence of the drug to objective signs that you were impaired. A DRE is a police officer who has undergone in depth training in recognition and impairment from drugs. In order to form an opinion and prepare a report for court, the DRE must subject the accused to a battery of tests that include not only those akin to what would be done in the field in an alcohol case but also eye testing, blood pressure readings, and pulse rate. Unless the case involves marijuana, the prosecutor in Red Bank cannot prove a DUI drug charge without a DRE. The situation is less stringent with marijuana intoxication although our attorney win a much higher percentage of those cases as well than you might anticipate.
Red Bank Driving Under The Influence of Drugs Attorneys
Whether your DWI offense is based on Ambien, Hydrocodone or any other form of CDS, our attorneys have the ingenuity to formulate the defense that will provide you with the best opportunity for acquittal. The achieve this goal, it may require a battle or require some finesse. Irrespective, our Red Bank Office has the skills necessary to get you to the finish line with success. An attorney on staff is available 24/7 to assist you.
