New Jersey classifies intoxicated driving offenses at least two ways.
In a DWI arrest, you are suspected of operating a vehicle under the influence of alcohol, and you are required to submit a chemical test (usually breath) under the state’s Implied Consent law.
In a DUID arrest, you are suspected of being under the influence of drugs, including illegal substances like cocaine, heroin, or marijuana, as well as prescription drugs that may impair safety on the road.
Drivers arrested for DUID are not subject to the implied consent law, and do not have to supply a chemical sample unless they hold a commercial driver’s license.
Testing will be performed by a Drug Recognition Expert, a specially trained police officer, and the prosecution is not under an obligation to prove the substance you were under the influence of.
It’s important that you work with an experienced DUID attorney if you’ve been arrested on these charges, because the lower bar of proof can be a serious hurdle in court.
Call Matthew Reisig today at 732-625-9660 for prompt DUID assistance everywhere in New Jersey.