Being Under the Influence of a CDS Lawyer in Edison and New Brunswick, Middlesex County

Reviewed by William A. Proetta, Esq. · Updated October 2026

Using or being under the influence of a controlled dangerous substance other than marijuana or hashish is a disorderly persons offense under N.J.S.A. 2C:35-10b, punishable by up to six months in jail and a fine of up to $1,000, with no mandatory minimum fine. The State can prove it through physical symptoms without identifying the specific drug, and the statute has no public-place element: the charge can be filed whether the person was on a street corner, in a car or at home.

The case is heard in the municipal court of the town where the officer encountered the person, such as Edison, Woodbridge or New Brunswick, not in the Superior Court. We defend these complaints from our Edison office, and I have handled them for more than 15 years. For most first-time defendants, the outcome that matters is a dismissal through conditional discharge rather than a conviction.

What the State Has to Prove

Under 2C:35-10b, the prosecution must show that the defendant used, or was under the influence of, a controlled dangerous substance, and that the substance was not marijuana or hashish. The statute separately provides that smoking or vaping marijuana is not punishable under this subsection, though landlords and condominium associations may still ban it on their property.

Because the State may rely on symptoms, these cases usually turn on an officer’s observations: pupil size, speech, balance, track marks, drowsiness or agitation, along with any admissions and anything found nearby. There is often no blood or urine result at all. That is a point of weakness for the prosecution, since many of those signs also fit fatigue, illness, anxiety, alcohol or a lawfully prescribed medication.

The charge is often paired with others from the same encounter, such as drug paraphernalia for a pipe or syringe, or a possession count if drugs were found. Possession of a Schedule I–IV drug is a 3rd-degree crime, which moves the whole file to the county level; see our CDS possession page.

Penalties and Mandatory Assessments

A conviction can bring up to six months in the county jail and a discretionary fine up to $1,000. On top of any fine, each conviction carries these required assessments:

Municipal court costs are added separately. The DEDR penalty can be partly satisfied through reformative service or reduced to reflect payments toward court-ordered treatment.

Overdose Calls and the Good Samaritan Law

Many of these charges start with a 911 call. Under N.J.S.A. 2C:35-30 and 2C:35-31, both the good-faith caller and the overdose patient are shielded from being arrested, charged, prosecuted or convicted on a list of low-level offenses that includes 2C:35-10b and paraphernalia under 2C:36-2. The protection applies only to evidence obtained as a result of the call for help, and it does not cover distribution or drug-induced death charges. If a friend called for an ambulance and police then wrote you up for being under the influence, that charge may have to be dismissed.

Conditional Discharge, Not Conditional Dismissal

The general municipal-court diversion, conditional dismissal under 2C:43-13.1, excludes chapter 35 and 36 drug offenses. The program that applies is conditional discharge under N.J.S.A. 2C:36A-1: up to three years of supervision, then dismissal with no finding of guilt. It is unavailable to anyone with a prior drug conviction or prior diversion, and it can be used only once. The $500 DEDR penalty, the $50 lab fee and the $75 Safe Neighborhoods assessment still apply inside the program, along with a $75 program fee that can be waived or paid in installments.

If there is a real substance use problem, treatment can be part of the plan from the first court date. A completed evaluation or an enrollment letter can support the application.

How These Charges Are Handled in Middlesex County

Under-the-influence complaints in the county tend to arise in a few ways: a medical call at an apartment complex or a hotel on Route 1, a welfare check in a parked car at a commuter lot or an NJ Transit station, a car stop on Route 9 or Route 18, or an off-campus incident near Rutgers–New Brunswick. Police usually issue a complaint-summons rather than holding the person, and the summons lists the town court.

Where the case is heard. Edison’s municipal court is at 100 Municipal Boulevard; Woodbridge’s at 1 Main Street; New Brunswick’s at 25 Kirkpatrick Street; Old Bridge, Sayreville, Piscataway and East Brunswick have their own courts for incidents there. The first appearance is generally virtual. Because a disorderly persons offense carries possible jail, later events are generally held in person unless the parties consent or the judge allows otherwise.

When the county gets involved. If a 3rd-degree possession charge was filed with the under-the-influence count, the Middlesex County Prosecutor’s Office screens the complaint first. It may downgrade the possession and send everything back to the municipal court, or present the indictable count to a grand jury in New Brunswick, in which case the disorderly persons count may travel with it.

Students. A Rutgers student charged in New Brunswick faces the city municipal court, and a separate university conduct process may run alongside it. Statements made in that process can affect the criminal case, so the timing of any university meeting matters. Our New Brunswick criminal defense page covers the local court.

Defenses We Raise

• No reliable proof of a CDS. Symptoms that fit alcohol, exhaustion, a medical condition or a lawful prescription do not prove use of an illegal drug.
• Marijuana is excluded. If the only evidence points to cannabis, the charge fails under the statute’s own terms.
• Good Samaritan immunity. Where the evidence came from a 911 call for an overdose, the charge may be barred.
• Unlawful entry or detention. An officer must have a lawful reason to be in the home or to hold the person; a medical response does not authorize a general search.
• Statements. Admissions made to police while impaired or in custody without warnings deserve close scrutiny; our guide to police questioning explains the rules.

Driving, Immigration and Records

Driving. If the person was driving, a separate DWI under 39:4-50 may be filed, with its own penalties; see our Middlesex DWI defense page.

Immigration. Immigration authorities treat a New Jersey disorderly persons offense as a conviction, and federal law separately makes a non-citizen deportable for being a drug abuser or addict after admission. A non-citizen should not plead to this charge, or admit drug use, without immigration advice.

Expungement. A conditional discharge dismissal can be expunged six months after the dismissal. For a conviction, a person who was 21 or younger at the time of a possession or use offense, with no other record, may petition one year after the conviction or sentence ends under 2C:52-5. Our Middlesex expungement page covers both paths.

Call About an Under-the-Influence Charge in Middlesex County

Keep the summons and any hospital paperwork, and do not discuss what you took with police or university staff before getting advice. Call our Edison office at (732) 659-9600 at any hour, or contact us online.