DUI of Heroin in New Jersey
New Jersey Driving under influence (DUI) of drugs Defense Lawyers
In New Jersey, driving under the influence (DUI) of any drug which impairs your ability to drive is illegal and you can be prosecuted. Specifically, the law makes it illegal to drive under the influence of a narcotic, hallucinogenic, or habit-producing drug. Heroin falls into this category. In New Jersey, driving under the influence of drugs (DUI) is regulated by N.J.S.A. 39:4-50 which is the same statute that governs driving while intoxicated (DWI). If you are charged with DUI or DWI, you are facing the same penalties as a first, second, third or subsequent offender.
Our DUI defense team has handled hundreds of DUI cases dealing with drugs. In fact, one of our team members used to prosecute DUI cases for the State of NJ in Morris County, now she uses her experience and expertise to represent our clients facing similar offenses. In addition, another attorney at the firm is a certified field sobriety test instructor so he can analyze the psycho-physical tests and determine if they were conducted properly, demonstrated properly, and graded properly according to the national standards. Finally, we also have a retired drug recognition expert (DRE) police officer who we utilize as a defense expert in DUI cases. He will examine the State’s DRE expert report and combat the findings to help fight your charges in court.
For more information, contact our DUI defense team now for a free initial consultation at 201-556-1570.
How Does Heroin Effect my Ability to Drive
Heroin is considered an extremely dangerous and addictive drug that can cause fatal effects. Heroin is classed as an opioid drug that can either be snorted or injected. When taken Heroin gives an intense pleasurable feeling that comes with many negative side effects. It accomplishes this pleasurable feeling binding with opioid receptors in a persons body. After this interaction has taken place the nerve cells will then release a neurotransmitter called dopamine. Dopamine is a molecule that produces a feeling of pleasure that causes a user to become addicted to. Once taken Heroin gives effects such as drowsiness, sedation, and lethargy. Over 13,000 people overdose from Heroin a year.
Here are some helpful links with regard to heroin effects:
Proving a DUI for Heroin Use in New Jersey
In the State of New Jersey being under the influence of drugs is prosecuted differently then being under the influence of alcohol. First a Drug Recognition Expert (DRE) is used in cases dealing with drivers who are accused of being under the influence of drugs. A Drug Recognition Expert (DRE) is a trained police officer that has undergone classes and training to determine if a driver is under the influence of drugs. The DRE evaluation is what the prosecution will use to convict the person of driving under the influence of drugs. In State v. DiCarlo, 67 N.J. 321(1975) the Supreme Court held that the operator of a motor vehicle is under the influence of a narcotic drug if the substance produces a narcotic effect so altering his or her normal physical coordination and mental faculties as to render a person such a danger to himself and others. The statute does not require that the particular narcotic be identified but was the person under the influence of a narcotic, hallucinogen or habit-producing drug while operating a motor vehicle.
In order to prove a defendant was under the influence the State must present evidence from the qualified expert. This is done with the field tests that were conducted in addition to psychological tests. In most cases, a urine sample is taken from the driver and sent to the lab for testing. However, the urine alone does not prove that the driver was under the influence at the time of operating the motor vehicle since many drugs stay in your system for a long time after taking them. As a result, the State must use a DRE to conduct testing and give an expert opinion as to whether or not the person was under the influence at the time of operating the motor vehicle.
For more information about Heroin Drug DUI charges in NJ, contact our offices now for a free initial consultation at 201-556-1570.