Yes, you can. You can be charged in New Jersey for driving under the influence of alcohol or driving under the influence of drugs. If you’re charged with driving under the influence of alcohol, the prosecutor almost always relies on the results of the alco test and the blood alcohol content of a driver at the time he or she is arrested. In a driving under the influence of drug case, there is no test that the prosecutor can rely on. So in those cases, the prosecutor relies on what are referred to as drug recognition experts or DRE. They’re basically police officers who have special training in detecting the use of narcotics and their impact on a driver’s ability to drive. And those DRE come in and testify at the time of trial and give their opinion as to the driver’s ability to operate a motor vehicle. Unlike and operating under the influence of alcohol case, there is no ability to keep your license if you’re charged with driving under the influence of drugs. If you plead guilty or found guilty, even on a first offense, you will lose your license from 7 months to a year. One other thing to note is you can be charged with driving under the influence of drugs whether those drugs are illegal or legal.
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