Challenging Drug-Related DWI Arrests And Drug Recognition Experts In New Jersey

Driving While Intoxicated (DWI) is a charge most commonly associated with drunk driving, but drug use, even legal drugs, can cause impaired driving and lead to a DWI arrest. This article discusses these cases in New Jersey, and the importance of Drug Recognition Experts (DRE) to reach convictions, including:

• The most common drug-related DWI cases in New Jersey.
• Why proving drug impairment has become complicated in New Jersey, even for DREs.
• Why a police officer may ask you for a blood or urine test after a suspected drug stop.

What Drugs Are Most Prevalent In Recent New Jersey DWI Cases?

Recently, my law office has seen a large number of DWI cases involving marijuana, prescription drugs, and heroin. When heroin is involved in a case, there may also be small quantities of fentanyl detected in blood or urine samples, as well. But generally speaking, it is more likely that only one drug or substance will be alleged in a New Jersey DWI case.

What Does The Prosecution Need To Prove For A Drug-Related DWI Conviction In New Jersey?

To convict you of a DWI in New Jersey, the State must prove that you were under the influence of a drug and present evidence that this drug caused impairment. This is usually established through police observations and later blood or urine tests.

However, it is not enough for The State to show that you had a drug in your system and that there were some signs of impairment. The State must actually prove a causal connection between the driving infraction, the officer’s observations, and the presence of a drug. However, the state does not have to show that a specific drug ingested caused the impairment.

This might seem complicated, but it can be essential to your defense. These are legal nuances your lawyer can help you navigate, and it is crucial to have an experienced attorney to help you fight these charges.

Attorney Kevin Leckerman is a devoted and creative DWI defense lawyer who has handled countless drug-related impaired driving cases in New Jersey. Since 1998, he has helped thousands of drivers get the charges against them lowered or dropped and is an ardent defender of drivers’ rights in the face of police misbehavior.

If you have been arrested for drug-impaired driving in New Jersey, contact Leckerman Law, LLC. today to schedule an initial defense consultation.

Why Are Drug DWIs More Difficult To Prosecute Or Defend Now Than Before?

A recent case decided by the New Jersey Supreme Court, The State of New Jersey v. Olenowski, has required that the state draw a link between the infraction, the observations of impairment made by the arresting officer, and the drug use.

The State of New Jersey v. Olenowski case specifically concerned drug recognition experts (DREs), officers specially trained to determine whether a driver is under the influence of drugs. In the past, the State could use a DRE’s opinion to make a causal connection between impairment and drug use. Since this case, however, while the DRE can give their opinion as to whether there were indications of drug use and which drug these signs would be related to, this opinion alone can not lead to a conviction.

Instead, the State must now show a link between the opinion of the DRE, the substances found in your blood or urine through a laboratory test, and the observations of the arresting officer. Only by taking all those factors into account can a judge find you guilty beyond a reasonable doubt of a drug-related DWI. This is a very high burden that the State has to meet, making it far more difficult for them to prove a causal link and, therefore, more difficult to make a conviction.

Will My Arresting Officer Be A Drug Recognition Expert?

It is relatively unlikely that the officer who arrests you will also happen to be a drug recognition expert (DRE). Arresting officers will usually have to call in a DRE to do an extensive evaluation, which will take a couple of hours. And in rural areas or in certain stations, a DRE may not even be available.

If there is no DRE available, the arresting officer will have to reach out to an adjacent police department that does have a trained DRE on staff to conduct the needed evaluation. In such cases, there can be a substantial break in time between when the arresting officer observed you and when the DRE begins their evaluation.

For this reason, arresting officers may push for a blood or urine test to determine what substances are in your system.

Why Do Officers Try To Compel Urine Or Blood Tests Quickly?

The arresting officer or the DRE will try to get a urine or blood sample as quickly as possible to establish solid evidence of drug-related impairment. For many drugs, including marijuana, cocaine, and some narcotic analgesics, the effects will wear off within a shorter period of time than methamphetamines or even alcohol.

Therefore, to accurately find out the type and quantity of drug that was in your system, the police will want the sample taken as soon as possible. However, in New Jersey, a police officer cannot compel you to give a blood or urine sample without a warrant.

Be aware that an officer may try to circumvent the warrant requirement by pressuring you with informed consent warnings. In fact, there is a specific State Attorney General form sent to each New Jersey police department used to seek informed consent from you.

If this form was used in your case, your attorney may be able to question whether the consent you gave was, in fact, informed and whether the blood or urine samples that resulted can be legally used against you.

Have You Been Arrested For Drug-Impaired Driving In New Jersey? Call A Defense Attorney Who Can Help

For more information on Drug-related DWI laws and police behavior, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (856) 429-2323 today.