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DWI/DUI Offenses

Last updated on January 19, 2022

# How Marijuana Legalization is Affecting New Jersey DWI Law

With marijuana legalization progressing towards a reality in New Jersey, it is important to consider how DWI law in NJ will be affected. The truth is, marijuana legalization really won’t change very much in that regard. Simply put, just because you will be allowed to possess and use marijuana without the police kicking down your door, does not mean you are allowed to be high and behind the wheel of a car. After all, you can even get a DWI for being high on cold medicine or a prescribed anxiety-reducing medication like Xanax. The fact is, if you are driving and decide to do so when your ability is impaired by a substance, you can still face DWI charges in New Jersey.

## Facing Per Se and Impairment DWI Charges in Fort Lee, NJ

Once marijuana is legalized in New Jersey, users should be aware that they can still be charged with a DWI while under its influence. With that in mind, it is important to be aware of the two different types of DWI charges you can face. A per se charge involves scientific testing that proves that there were high enough levels of alcohol in the blood. As of now, however, there is no decided “amount” that is needed in the bloodstream for marijuana. At least for now, a “per se” charge for pot is not something you will likely be facing.

If a police officer is under the impression you are impaired by a substance other than alcohol, he or she can call a Drug Recognition Expert (DRE) to the scene. They will then perform an evaluation on you based on your symptoms and behaviors. If you are determined to be impaired, you can be charged with DWI and receive further evaluations if necessary. This evidence will then be used against you in court. They may still conduct medical tests to determine if there is marijuana in your system to use as further evidence in court.

### Contact an Experienced Englewood Drug Defense Attorney About Your Marijuana Crime Charges in New Jersey

Have you been charged with a drug-related DWI in New Jersey? A DWI conviction can carry with it heavy fines, jail time, and driver’s license suspension! That is why it is imperative that you speak with a qualified drug-related DWI defense lawyer about your case. The lawyers at Rocco Law Offices, LLC represent clients charged with drug use, possession, production, distribution, and related offenses, including drug-related DWI, in Hackensack, Ridgewood, Teaneck, Fair Lawn, and throughout New Jersey. Call or fill out our confidential online contact form to schedule a free consultation about your case. Our office is located at One University Plaza Dr., Suite 210 in Hackensack, NJ 07601.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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