New Jersey DWI Attorney John Menzel

What Are The Penalties For A Drug Related DUI Conviction?


The penalties for a drug related DUI are the same as the penalties associated with driving while under the influence of alcohol for a first offense. The person charged would face revocation of driving privileges of no less than seven months and no more than 12 months. Fines and other assessments would run between $639 and $889. The person would be required to attend something called the Intoxicated Driver Resource Center [“IDRC”], which is an evaluation program run by the Bureau of Alcohol Countermeasures [“BAC”] via the IDRC. The person would have to attend for either two six-hour sessions or one 48-hour session. Theoretically, the person would also be exposed to a jail term of up to 30 days for a first offense, but jail is very rarely imposed.

A second offender would face fines and assessments somewhere between $889 and $1,389, the mandatory revocation of their driving privileges for two years, followed by a mandatory period of no less than one and no more than 3 years with a breath alcohol ignition interlock device [“BAIID”] installed in every vehicle they own, lease, or customarily operate. The BAIID is required, even if the conviction had nothing to do with alcohol. The person would also have to perform 30 days of community service. A day is computed at six hours, so the total community service required would be 180 hours. There is also a mandatory jail term of no less than two and no more than 90 days. Typically, the jail term is commuted to 48 hours in the IDRC.

If it is a third or subsequent offense, fines and assessments in court total $1,389. There would be a 10-year revocation of driving privileges, followed by a one to three year BAIID period, and six months in jail. There is no good time, commutation, work, or any other credits granted on the 180-day sentence imposed on third or subsequent offenders in New Jersey.

In addition to what the court does to a person, the New Jersey Motor Vehicle Commission [“MVC”] and the Department of Health will assess a series of surcharges and fees, which will run somewhere between $4,064 and $5,564. This is not a sentencing range, but a straight calculation depending on the person’s driving history and previous history of surcharge assessment. There are also collateral consequences–i.e., consequences not directly required by law but flowing from those penalties. These include such things as how to get back and forth to work and how to deal with ordinary chores. There are also occupational consequences, depending on what a person does for a living.

Why Do I Need An Attorney Who Has Specific Experience In Handling Drug Related DUI Cases?

For drug related DUIs, the methods of testing used are different than those used in alcohol related DUIs. There is more involvement with laboratory testing and the proofs needed for the state to perfect laboratory results. There are other questions involving ambiguity about the officer’s observations. While the case is similar to an alcohol related DUI, it does have certain key differences where specific experience with drug related DUIs is helpful.

Additional Information On Drug Related DUI Cases In New Jersey

Most people, unfortunately, are completely ignorant of their constitutional rights to remain silent and to consult with an attorney. They believe that questions about what medication they are taking, where they are coming from, or where they are going to are harmless questions. In fact, those questions form the heart of probable cause, determined by the officer, to justify an arrest. People should understand that they have these rights to silence and an attorney at all times, even before an officer advises a person about those rights on arrest, and people should exercise those rights.

For more information on Penalties For A Drug Related DUI Conviction, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 899-1899 today.

John Menzel, J.D.

Learn your options - call me for your free, 20 min phone consultation (732) 899-1899

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