Drug DUI

Innocent Unless Proven Guilty

Although the use of an Alcotest (breathalyzer) makes it easy to determine that a driver is under the influence of alcohol, it is more complicated when dealing with drug-related DUIs. Drug-related DUIs involve narcotic, hallucinogenic, or habit-producing drugs, all which could cause varying symptoms. On the other hand, alcohol-related DUIs can be identified by similar symptoms, regardless of the types of alcohol consumed. Also, drug-influence levels are very difficult to measure. The most common method of proving that someone has been operating a vehicle while under the influence of drugs is to take a blood or urine sample. However, unlike the requirement that all drivers submit to an Alcotest if requested to do so, a driver who is suspected of being under the influence of drugs does not give implied consent to draw blood or urine. In theory, this makes it more difficult to prove “drugged driving”, although as a practical matter the police are usually able to coerce a person into providing a “consensual” urine sample. Otherwise, they can still apply to a judge for a warrant to draw blood (or urine). The state must have educated and trained professionals observe the driver’s behavior, and they must be able to testify that the use of drugs resulted in impaired driving.

Penalties for Drug-Related DUIs

The penalties for a drug-related DUI are very similar to the penalties for an alcohol-related DUI. However, the main difference is that anyone who is convicted of a first-offense, drug-related DUI will receive the same penalties as if their Alcotest read 0.10-0.14 during an alcohol-related DUI. Specifically, the penalties include:

  • Loss of license for seven months to one year
  • Six different fines ranging  from $3,805 to $4,005:
    • $300-$500 state fine
    • $230 Intoxicated Driver Resource Center (IDRC) fee
    • $100 to the drunk-driving fund
    • $100 to the Alcohol Education and Rehabilitation Fund (AERF)
    • $1,000 per year surcharge for three years
    • $75 to the Neighborhood Services Fund (NSF)
  • A prison term of up to thirty days
  • Mandatory 12-48 hours attendance at an IDRC program

Defenses against Drug-Related DUIs

Due to the complications resulting from a “drugged driving” arrest, your rights will be in jeopardy. You need an experienced, professional attorney at your side to challenge the legality of your arrest and all of the circumstances surrounding your case. Fred Sisto can aid your defense by:

  • Revealing the errors in the methods of the arresting officer
  • Challenging the qualifications of the state representative alleging that the defendant was under the influence of drugs.
  • Raising doubt with regard to whether the drugs impaired the person’s ability to drive
  • Demonstrating a likelihood that a blood sample was taken without the consent of the defendant

If you are in need of an attorney for a drug-related DUI arrest, then call Fred Sisto for professional guidance and defense during this critical and complicated time in your life. For a free consultation, call (732) 898-3232 today.

Drug DUI
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Fred Sisto is very responsive, courteous, and he really knows what he's doing. I highly recommend Fred.
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Thank you Fred for all your hard work and communication through my case. I got into a situation and very fortunate to have had Fred help me resolve it. He gave me great options and advice on how he would handle the situation and the steps we needed to follow. Highly satisfied with my experience and would highly recommend. Thank you Anthony Zappulla
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Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
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For the people. For the little guy My legal bully
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Fred is a very competent attorney. He is knowledgeable, thorough, effective and possesses outstanding interpersonal skills. He provided excellent representation in my case and obtained a favorable outcome.
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I have sought out Mr. Sisto for two traffic related cases. His hard work and dedication to getting results for me was very evident from the get go. He was very informative throughout the entire process of working on my cases and during the court sessions as well. Very professional and very friendly. If anyone in the area is looking for a very good and quality representation, Mr. Sisto is a go to.
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