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Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found "not guilty" of all charges.

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Drugged Driving vs. Drunk Driving

Whether it’s having a drink at a friend's house before driving or taking a sip of alcohol before you're 21, it only takes one bad decision to forever change a career or life,. As the Air Force continues to crack down on DUIs, it is ultimately an Airman's decision to drink responsibly. The consequences of drinking and driving include possible loss of rank and potentially their career. (U.S. Air Force photo by Airman 1st Class Zachary Hada/Released)

Driving under the influence of drugs and driving drunk are among the most dangerous things a person could do. Because of this, the penalties related to either charge are both high and extensive.

What’s The Difference Between Drunk Driving And Drugged Driving?

When determining whether a person is drunk, common sobriety tests are administered (like breathalyzer tests, etc.). But for drugged driving, a citizen is not required to submit a drug test. Moreover, no penalties are enacted if a citizen refuses a drug test.

Drunk Driving (DWI / DUI) In NJ

It is against the law to drive a vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The penalties an impaired driver can vary depending on the situation. Penalties for a first time offense with a BAC between .08 and .09 with no drugs involved are:

  • A fine ranging from $250-$400
  • Up to 30 days in jail
  • Suspended driver’s license (three months)
  • Possible community service assignments
  • Possible probation sentence
  • Possible interlock device requirement

Drunk Driving With Drug Use

First time offenders with a BAC of .10 or higher or the above BAC with combined with drug use could see higher charges including:

  • A fine ranging from $300-$500
  • Holding for 12 to 48 hours
  • Up to 30 days in jail
  • Suspended driver’s license from seven months to one year
  • Possible probation
  • Possible community service assignments
  • Possible interlock device requirement

It should be noted that there is a separate penalty for turning down or refusing to take a breathalyzer test in the state of New Jersey.

If a driver is convicted of a DUI/DWI, penalties are doubled. In New Jersey drunk driving cases, the motorist is typically required to take blood or urine test. This is also the case for DUIDs. Urine testing is so unreliable that it is almost never used in an alcohol related drunk driving investigation, but it is used routinely for a drug arrest.

In some cases, the court can mandate the installation of an ignition interlock device. In these cases, the driver must breathe into a type of breathalyzer device that is connected to the ignition of the car. The car will not drive unless the driver is sober. During this period, the convicted driver must not drive any other car.

Drugged Driving (DUID) In NJ

DUID stands for “Driving Under the Influence of Drugs”. Charges for a DUID are fairly similar to charges for a DUI. However unlike a DUI, there is no penalty for refusing a chemical/drug test. Because of this, there is no legally defined chemical standard that determines a DUID conviction. Penalties for first DUID convictions are:

  • A fine ranging from $300-$500
  • Holding for 12 to 48 hours
  • Suspended driver’s license from seven months to one year
  • Possible inpatient rehabilitation sentence

These penalties get higher as more offenses occur. The maximum penalty can be as high as $1,000 in fines for repeat offenders and a suspended license for 10 years.

Drugged driving is not as easy to determine as drunk driving as there are no set chemical standards. It can even include prescription drugs that you were legally prescribed. This could leave ample room for error and an improper conviction.

Always Talk To An Experienced Attorney

If you or someone you know is facing charges for Drunk Driving or Drugged Driving, you should always contact a criminal defense attorney who can help fight for you that is experienced in DUI/DWI, & DUID. Contact the Law Offices of John W. Tumelty by calling 609-385-4010 or click here to schedule a free consultation. 

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