Driving Under the Influence of Drugs (DUID)

New Jersey Drugged Driving Laws

New Jersey Statutes Annotated Section 39:4-50

Type of DUID Law: Under the Influence

  • A person who operates a motor vehicle while under the influence of…[a] narcotic, hallucinogenic or habit-producing drug…or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control…shall be subject….

 Type of Drug Prohibited: Any narcotic, hallucinogenic or habit-producing drug

Required Proof:

  1. Defendant was operating a motor vehicle in New Jersey;
  2. While operating the motor vehicle, Defendant was under the influence of one of the above-listed drugs; or
  3. Defendant was an owner of a motor vehicle who permitted someone under the influence of one of the above-listed drugs to operate his/her motor vehicle.

Possible Defenses Allowed by Statute: None found

Marijuana use in vehicle

  • New Jersey allows the medicinal use of marijuana by certain registered patients. A registered patient may not smoke marijuana in a private vehicle unless the vehicles is not in operation. N.J.S.A. 24:6I-8(b)

Reference: Drugged Driving: 2016 Summary of Key Provisions of State Laws

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