NJ License Suspension for Drug Offenses

NJ License Suspension for Drug Offenses

In New Jersey, your driver’s license can be suspended if you are convicted of a drug-related offense. Let’s take a look at the laws regarding license suspension, how long the suspensions last, and steps you can take to get your license back after a drug conviction in NJ.

Overview of NJ Drug License Suspensions

New Jersey has some of the toughest drunk driving laws in the country. The state takes drug-related driving offenses just as seriously. Under NJ law, your license will be suspended if you are convicted of:

• Driving under the influence of drugs (DUID)
• Possession of a controlled dangerous substance (CDS) in a motor vehicle
• Using or being under the influence of CDS
• Any other non-traffic-related drug offense

The suspension periods range from 6 months up to 2 years depending on your offense and criminal record. Refusing to submit to a drug test can also lead to license suspension in New Jersey.

Penalties for DUID License Suspension

A first DUID offense results in a 3-month license suspension. A second offense within 10 years leads to a 2-year suspension. For a third DUID conviction, your license will be suspended for 10 years.

You may also have to pay fines up to $500-$1,000, serve up to 30 days in jail, and complete an alcohol and drug education program. An ignition interlock device may be required after reinstatement.

Suspension for Drug Possession in a Vehicle

If you are convicted of possessing CDS in a motor vehicle, your license will be suspended for 6 months – 2 years. The suspension period depends on the nature and quantity of drugs involved. Additional penalties include:

• Fines up to $1,000
• Possible jail sentence
• Mandatory drug counseling or treatment
• Community service

Suspension for Drug Use or Being Under the Influence

If you are convicted of using illegal drugs or being under the influence of CDS, your license can be suspended for up to 2 years. You may also have to pay over $500 in fines, complete a treatment program, and serve up to 6 months in jail.

Suspension for Non-Traffic Drug Crimes

Any drug crime conviction in New Jersey – even those not driving-related – can trigger license suspension. Examples include charges like marijuana possession, cocaine distribution, maintaining a drug house, etc. Suspension periods range from 6 months to 2 years.

Refusing to Submit to a Drug Test

Refusing to take a breath, blood, or urine test when lawfully requested by police will lead to a license suspension of 6 months to 2 years. This applies even if you are not ultimately convicted of DUID or drug possession.

Getting Your License Back After a Drug Suspension

To regain your driving privileges after a drug-related suspension, you must:

• Wait out the full suspension term
• Pay a $100 restoration fee to the MVC
• Provide proof of completion of any required drug programs
• Show proof of valid auto insurance
• Pass vision and written driving tests

You will receive a notice from the MVC when you are eligible for reinstatement. Be sure to promptly schedule the required tests and bring proper documentation to avoid delays.

Appealing a License Suspension

You have the right to appeal a license suspension in New Jersey. This involves requesting an administrative hearing to contest the suspension. Grounds for appeal may include:

• Incorrect identity (the suspension belongs to someone else)
• You were not properly notified of the suspension
• The suspension period is excessive
• The conviction that triggered the suspension is still pending appeal

To start your appeal, you must request a hearing within 30 days of receiving the suspension notice. Having an experienced attorney assist with the hearing and paperwork is highly recommended.

Restricted Use Licenses

In some cases, you can apply for a restricted use license (RUL) to drive to certain places during your suspension term. RULs allow driving for purposes like:

• Work
• School
• Medical appointments
• Court-ordered treatment programs

Eligibility for an RUL depends on the offense and your driving record. You must prove there are no other transportation options to qualify.

Ignition Interlock Devices

You may be required to install an ignition interlock device (IID) in your vehicle once your suspension ends. IIDs prevent you from starting the car if alcohol or drugs are detected on your breath. Most first-time DUID offenders must use an IID for 3-12 months.

Get Legal Help

Having your license suspended for a drug offense severely limits your independence and mobility. But an experienced attorney can help minimize suspension periods and expedite reinstatement. Don’t delay in seeking professional legal assistance.

References

• NJ MVC License Suspension Information
• NJ Drug Crime License Suspension Lawyer
• New Jersey DUI & License Suspension Laws
• NJ Ignition Interlock Devices After DUI
• New Jersey Drug License Suspension Appeal Form