DUI/DWI Drug Charges
If you have been arrested or charged with driving under the influence of drugs in New Jersey, you need an aggressive defense lawyer who has a solid history of success and who isn’t afraid to take on new challenges.
Don’t think that just because you were caught driving under the influence of drugs that the prosecution has the evidence to convict you. Often times the state does not have enough evidence for a conviction or their evidence turns out to be inadmissible.
My name is Anthony N. Palumbo, New Jersey DUI, DWI Defense Attorney and partner at The Law Offices of Anthony N. Palumbo. In New Jersey, there are literally hundreds of defenses that can be used to ensure that you will not face the penalties of a DUI, DWI, or Refusal conviction. I will analyze your case from every different vantage point to launch the most aggressive defense on your behalf and my investigators will make sure that any flaw in the police’s case will be revealed. To find out what an experienced defense lawyer can do for you today, contact me at today at The Law Offices of Anthony N. Palumbo at 908-643-6801 for a Free Consultation.
I defend individuals against DUI, DWI, and breathalyzer refusal charges throughout New Jersey in Middlesex County, Monmouth County, Hudson County, Ocean County, Essex County, and Union County including the towns of Elizabeth, Cranford, Westfield, Plainfield, Linden, Clark, Garwood, Rahway, Roselle, Roselle Park, Mountainside, Fanwood, and Berkeley Heights.
Fighting a DUI Drug Charge
In New Jersey, DUI is the correct legal term for both driving under the influence of drugs (DUID) and driving while intoxicated (DWI). In order to prove a DUI in New Jersey, the state must prove beyond a reasonable doubt that the defendant was driving under the influence of drugs. The term ‘drugs’ within the definition of ‘driving under the influence of drugs’ includes marijuana, cocaine, prescription drugs, and narcotics which have been defined under New Jersey case law as drugs that alter a person’s normal physical coordination and mental faculties so that he is dangerous to himself and others on the highway. This is a standard that can only be met in extremely clear cases and if your DUI defense lawyer can cast any doubt at all on your ability to operate the vehicle, it may be enough to eliminate the charge.
Blood, Breath, Urine Tests in DUI Cases
The reason a person cannot refuse a breathalyzer in New Jersey is because the law says that simply driving on the road constitutes consent. However, this law only applies to driving under the influence of alcohol, not driving under the influence of drugs. Thus, a driver can refuse to provide a blood, breath or urine sample if he is suspected of being under the influence of drugs and not alcohol. Another factor that makes it more difficult for the prosecution to obtain a conviction in a driving under the influence of drugs case is the particularity with which the test must be administered. Unlike a sobriety test for drinking, a blood, urine or breath test is only admissible as evidence to prove driving under the influence of drugs if it’s administered by a drug recognition expert. If anyone else at the police station administers the test, the evidence cannot be used against you.
New Jersey DUI Defense
Improper administration of a drug test is just one of many ways that evidence can be suppressed at trial. That is why it is so important to never speak to the police. Don’t give them anymore evidence than they already have. This is one very important thing that only you can do for your defense, but at The Law Offices of Anthony N. Palumbo, I’ll take care of the rest. I will make sure that your defense receives my utmost attention and I will not back down from a win. To see which defenses may work against your driving under the influence charge, contact me today at 908-643-6801 for a Free Consultation. While each case has a different set of facts, I obtain highly opportune results in a tremendous majority of my cases.