New Jersey's Drugged Driving Law

Learn about the laws and penalties for driving under the influence of drugs (DUID) in New Jersey

New Jersey’s drugged driving law is located at New Jersey Statutes Annotated Section 39:4-50. The law makes it an offense to operate “a motor vehicle while under the influence of a … narcotic, hallucinogenic or habit-producing drug." In other words, in New Jersey it’s a crime to drive while under the influence of a drug. No blood testing standard is established in New Jersey – that is, there is no fixed amount of drugs within the blood system that determines conviction. Whether a driver is impaired is determined on a case-by-case basis and at the discretion of the prosecutor.

What drugs are prohibited?

New Jersey’s drugged driving law is directed at the prohibition of “any narcotic, hallucinogenic or habit-producing drug.” (A listing of controlled substances regulated by federal law are found at the Drug Enforcement Administration website.) It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the controlled substance.

What happens if a driver is convicted of drug impaired driving in New Jersey?

A driver arrested for drugged driving in New Jersey will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about New Jersey’s DUI laws.

Do New Jersey drivers have to submit to drug testing?

There is no implied consent rule for blood, saliva, and urine testing for DUID. However, under a separate statute, a commercial driver who refuses a chemical test for DUID is subject to a fine of $250 - $500.

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