Home >>

Legal Defense For Drug DWI Cases In New Jersey

Legal Defense For Drug DWI Cases In New Jersey

Driving after taking drugs can result in DWI charges with heavy penalties in New Jersey. No matter if it’s drugs or alcohol, the law is clear — operating a motor vehicle after using a substance that impairs your ability to drive could lead to an intoxicated driving charge. However, various defenses to a drug DUI case could apply to your case. You need help from a skilled attorney to fight for the best results possible.

The Law Office of Steven Ellman is committed to helping people like

you avoid the harshest penalties for a DUI/DWI charge in New Jersey. We’ll stand up for you throughout the legal process, protecting your rights and fighting for your freedom. Contact us today for a free initial consultation.

Drug DWI Laws in New Jersey

Under New Jersey law, a person who drives under the influence of a narcotic, hallucinogenic, or habit-producing drug can be charged with driving while intoxicated (DWI). It doesn’t matter if you were legally prescribed the drug or not. If a prosecutor can prove your faculties were impaired in some way that affected your driving ability, you could be found guilty of a drug DWI.

While DWI is a traffic offense in New Jersey, you could face more severe penalties if you are found in possession of drugs in your car. Drug possession is a crime in the Garden State, so if you were stopped on suspicion of a drug DWI or other drug charges, it’s important to contact a defense attorney immediately.

Penalties for a Drug DWI Charge

Drivers who are under the influence of a habit-producing drug, hallucinogenic, or narcotic may face the following penalties, per New Jersey law:

  • First offense – $300 to $500 fine, possible jail sentence of up to 30 days, license suspension of between seven months and a year, a minimum of six hours for two consecutive days in an Intoxicated Driver Resource Center (IDRC), and installation of an ignition interlock device (IID)
  • Second offense – Fine of $500 to $1,000, jail sentence of 48 hours to 90 days, up to 30 days of community service, driver’s license suspension of one to two years, installation of IID, evaluation and referral by IDRC
  • Third offense and subsequent offenses – $1,000 fine, jail sentence of up to 180 days or up to 90 days in an inpatient rehab center, eight-year driver’s license suspension, IID installation, evaluation and referral by IDRC

In addition to the above penalties, any conviction for DWI will involve the following:

  • $100 surcharge for the Drunk Driving Enforcement Fund
  • $100 restoration fee for the Motor Vehicle Commission restoration fee
  • $100 fee for the Intoxicated Driving Program
  • $50 fee for the Violent Crimes Compensation Fund
  • $75 fee for a Safe and Secure Community Program

With penalties this steep, having legal representation is essential.

Losing a substantial amount of money, your freedom, and your driver’s license aren’t the only ways that a drug DWI charge can affect your life. You may have difficulty getting a job if the position involves driving. If you want to become a commercial driver or already have a commercial driving job, you could lose your CDL and risk your livelihood.

You may also suffer a loss of reputation among family and friends or in our community. Don’t risk these harsh consequences without experienced legal advice and an experienced drug DWI lawyer to guide you.

Defense Strategies in Drug DWI Cases

At the Law Office of Steven Ellman, we tailor each defense in a drug DWI legal case in New Jersey to the individual’s unique circumstances. No two cases are the same. However, many DWI and DUI charges stem from similar circumstances, and there are several defenses that we have successfully employed on behalf of our clients. These include:

  • Challenging the legality of your stop – Were your rights violated?
  • Challenging the police officer’s perception or drug recognition expert’s assessment that you were driving while intoxicated – Raising questions to call into doubt the charge of being under the influence of drugs
  • Questioning the prosecutor’s evidence against you – Was it obtained from an unlawful stop, search, or seizure?

Steven Ellman’s 80 percent dismissal rate attests to our firm’s success in challenging DUI charges and fighting for our clients. However, if we cannot get the prosecution to drop the charges against you or the court to dismiss our drug DWI case, we still have options to pursue. We can petition the judge for leniency. If your case has mitigating factors (e.g., a circumstance that may warrant leniency) or if it’s your first offense, we’ll fight hard to keep you out of jail and preserve your license status.

Choosing the Right Lawyer

Selecting a top drug DWI attorney in New Jersey can make or break your case. With your driving privileges, freedom, and future on the line, you don’t want to settle for a lawyer who lacks considerable experience representing clients in DUI defense matters.

It’s wise to speak with several DWI defense attorneys to determine their experience handling cases like yours. Ask each about their success rate, their fee structure, your defense options, and how they’d approach your case. Make your selection based on what you learn and what feels comfortable for you.

Steven Ellman’s Superior Experience in Drug DWI Defense

Experience matters, and that’s what Steven Ellman offers. He’s been helping people with DWI and traffic violation cases for over three decades. Some of our law firm’s recent DWI/ DUI results include:

  • DUI charge reduced to failure to maintain lane
  • DUI reduced to reckless driving
  • DUI reduced to unsafe lane change
  • DUI reduced to careless driving
  • DUI – All charges dismissed

Get Help From Our Experienced Drug DWI Attorney

When you need solid drug DWI legal assistance in New Jersey, turn to the legal team at The Law Office of Steven Ellman. We offer comprehensive DWI defense services and push for the best possible outcome for clients. You can trust us with your future, but don’t wait. Call or contact us today for a free case review.

Tell Us About Your Case


Legal Defense For Drug DWI Cases In New Jersey