Newark, NJ - New Jersey DUI lawyer Rachel Kugel of The Kugel Law Firm (https://thekugellawfirm.com/new-jersey-marijuana-dui-legal-to-use-illegal-to-drive-impaired/) released a comprehensive advisory on marijuana-related DUI enforcement, emphasizing how legalization of cannabis in New Jersey coexists with strict prohibitions on impaired driving. The guidance outlines the law, evidentiary hurdles common to cannabis cases, and immediate steps defendants can take to protect records, licenses, and futures under N.J.S.A. 39:4-50.
New Jersey DUI lawyer Rachel Kugel underscores that N.J.S.A. 39:4-50 treats marijuana impairment with the same seriousness as alcohol-based offenses, even for first-time defendants. Because New Jersey does not recognize a per se THC limit comparable to a 0.08 percent BAC for alcohol, prosecutors must prove actual impairment. That standard typically relies on observational proof and opinion testimony rather than a single objective number, which in turn creates multiple litigation touchpoints for challenging probable cause, arrest procedures, and admissibility of evidence.
The advisory explains how a marijuana DUI often rests on three pillars: the traffic stop and field observations, a Drug Recognition Expert evaluation, and toxicology testing. Officer observations can include driving behavior, demeanor, and performance on Standardized Field Sobriety Tests, which were validated for alcohol detection, not cannabis. A DRE’s 12-step protocol adds medical-style checks and divided-attention tests, but it still depends on subjective interpretation. Chemical testing through blood or urine detects THC or metabolites, yet those results cannot establish real-time impairment because THC is fat-soluble and can linger well after any intoxicating effect has subsided. Within this framework, a New Jersey DUI lawyer can contest whether evidence proves substantial deterioration of mental or physical faculties at the time of driving.
The release further highlights critical rights during a marijuana DUI investigation. New Jersey’s Implied Consent statute applies to breath testing for alcohol, not to blood or urine collection for drugs. Absent voluntary consent, officers generally require a warrant supported by probable cause for a blood draw, which must occur in a medically acceptable manner by qualified personnel. Failures in stop justification, consent warnings, warrant application, collection procedures, or chain of custody can support suppression motions. New Jersey DUI lawyer Rachel Kugel also notes that medical marijuana authorization does not provide a defense to impaired driving; the key legal question remains actual impairment while operating a vehicle.
About The Kugel Law Firm:
The Kugel Law Firm represents clients in DUI/DWI, criminal defense, and related motor-vehicle matters across New Jersey and New York. The firm handles alcohol and drug-impaired driving cases, refusals, ignition interlock violations, checkpoint challenges, and post-conviction relief. Offices serve communities statewide, with consults available by phone and virtual meeting. For case evaluations or media inquiries, contact The Kugel Law Firm at (973) 854-0098 or visit the firm online to schedule a consultation.
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Name
The Kugel Law Firm
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Rachel Kugel
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(973) 854-0098
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1 Gateway Ctr #2600
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Newark
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NJ
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07102
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https://thekugellawfirm.com/