Does New Jersey’s DWI Law Include Driving While Stoned?

Yes, the DWI statute in New Jersey includes a prohibition on operating a motor vehicle while under the influence of illegal drugs and prescription drugs that can cause intoxication.

Unlike a DWI arrest for alcohol, police cannot force you to provide a sample for a chemical test.

If police determine that a blood draw is necessary, they will have to get a court order, but given the fact that marijuana metabolites can remain detectable in blood and urine for weeks after ingestion, these tests provide limited value in proving that you were intoxicated at the time of arrest.

Instead, you’ll be required to submit to a series of tests performed by a specially trained police officer. Results of these tests are subjective, and many police departments don’t have a Drug Recognition Expert available when an arrest is made.

For these reasons, prosecutors have a much harder time proving intoxication in most drug DWI cases, and the defense has many avenues to rebut the charges.

Attorney Matthew Reisig has successfully defended DWI clients throughout New Jersey. Whether you’ve been arrested for DWI based on alcohol, marijuana, or prescription pain killers, rely on experienced help from one of New Jersey’s most accomplished DWI defense lawyers.

Call 732-625-9660 for a free consultation today.

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