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Facing DUI Charges for Prescription Drugs in NJ

A Very Real Reality: You May be Arrested for a DUI Offense for Driving while on Prescription Medication in New Jersey

Most people associate a DUI with drunk driving, but you can also get a DUI for driving under the influence of prescription drugs in New Jersey. Both alcohol and prescription drugs potentially impair your judgment, perception, and reflexes. The degree of impairment depends on the amount of alcohol in your bloodstream for a drunk driving DWI and the type and effects of the prescription drugs in your system for a prescription medication-related DUI offense. If you have been arrested for driving while intoxicated by prescription drugs in Burlington County and surrounding areas, or anywhere else in New Jersey for that matter, the consequences of a conviction are severe and can take a costly toll on your life, so you must understand the penalties and complexities of a prescription drug DUI. Then, it is paramount to enlist qualified assistance from an experienced and trained DUI defense attorney, such as those on our team at Proetta, Oliver, & Fay. Contact us anytime at 609-850-8284 for a complimentary consultation and talk through how we can help with defending you to the fullest extent.

Is Driving Under the Influence of Prescription Drugs Against the Law in New Jersey?

In New Jersey, the law punishes those who drive a motor vehicle while experiencing the intoxicating effects of drugs. Ingesting any medication that makes you drowsy, excited, hallucinate, or otherwise neurologically or intellectually impaired is illegal. NJSA 39:4-50 specifies the drugs that impair a driver as “an intoxicating narcotic, hallucinogenic or habit-producing drug.”

Why is it Considered Dangerous to Take Prescription Medications Before Driving?

Prescription drugs may affect a driver’s ability to respond to traffic conditions, like swerving inattentive drivers or those who make unsafe lane changes, when the affected driver’s nervous system or brain is dulled by prescription pills that make you drowsy. The same may be said about prescription drugs that cause you to be agitated and hyperactive. A jittery and jumpy driver may overreact to other drivers’ unsafe operation of a motor vehicle. Any kind of intoxicating substance can affect a driver’s depth perception and, so, their ability to judge distance and speed. Some of these symptoms may be the effects of commonly prescribed drugs, such as sleep aids like Ambien, anti-anxiety medications like Xanax, antidepressants, painkillers like Vicodin or Oxycontin, muscle relaxers, cough syrup, and antihistamines.

Can they Confirm that You are Driving while Impaired by Prescription Drugs in New Jersey?

Unlike a DUI for alcohol, there is no breathalyzer to measure drugs in your bloodstream. Only a blood or urine test could definitively measure and identify drugs in your system. Besides urine and blood testing, when an officer suspects medications in your system impair you, they will typically have a Drug Recognition Expert (DRE) assess you to confirm intoxication after stopping you by observing your physical condition, reactions, attention, statements, and taking vital signs, and other bodily fluid tests. The DRE’s assessment results are usually offered in court as supportive proof of your driving impairment.

Even before any testing occurs, when an officer pulls a suspicious driver, they look for signs of drug impairment, such as the driver’s overall demeanor and appearance. For example, a driver with bloodshot or glassy eyes, dilated or constricted pupils, sluggish or jerky movements, lack of motor skills coordination, nervousness, agitation, or difficulty following instructions or performing tasks on field sobriety tests. The first signs may be erratic driving, such as swerving, drifting, and changing speed. And if the pills or other drugs are visible in the vehicle, the officer may suspect drug impairment and request that the driver perform sobriety tests.

Potential Sentence for DUI for Prescription Drug Intoxication in NJ

The sentence after conviction for a prescription drug DUI depends on whether you have prior DUI convictions and when those occurred. If it is your first DUI, a judge may sentence you to up to 30 days in jail, fine you up to $500.00, suspend your license for up to one year, and require you to install an ignition interlock device (IID) for up to one year.

The penalties increase for a second and third offense. The second prescription drug DUI can lead to a 90-day jail sentence, a fine of up to $1,000.00, a two-year license suspension, and a two-year period with an IID in your vehicle. You face up to six months in jail for a third offense, a $1,000.00 fine, and a ten-year license suspension.

Distinction Between a DUI on Your Motor Vehicle Driving Record and a Conviction for Prescription Drug Possession on your Criminal Record

A DUI is a traffic offense, so it does not appear as a conviction on your criminal record, assuming you have a valid prescription. However, it does appear on your motor vehicle driving record. Thus, you may have points on your driving record, which could increase your motor vehicle insurance. This comes in addition to insurance surcharges and fines that you face after being convicted of a prescription-medication driving while intoxicated offense.

On the other hand, using or having prescription medicine without a valid prescription or outside the original prescription container may lead to criminal offenses and convictions and a criminal record. Unless and until you can expunge your record, your criminal history may hinder your efforts to keep or find a job, among other obstacles to housing, licensing, and education.

Additionally, drugged driving that leads to a fatal accident could lead to severe penalties, including a lengthy prison sentence for vehicular homicide.

Effective Ways to Maintain Safety while Driving on Prescription Medications

To be safe driving with pharmaceuticals in your system, ensure that you read the side effect warnings that come with each of the medications you take and on the prescription labels. Heed any warnings against driving while on the medication and gauging your own body and the effects of the medications to determine if you can safely drive. You can always consult with your prescribing physician or the pharmacist about driving after taking your medication.

How can an Attorney Help if You Have Been Arrested for a DUI After Taking Prescription Drugs in South Jersey?

With the help of a DUI defense attorney at Proetta, Oliver & Fay, you may be able to beat the charges you are facing for driving while intoxicated by prescription medications. The prosecuting attorney must prove that you drove impaired in order to secure a conviction. Their burden of proof is beyond a reasonable doubt, so the evidence supporting a prescription drug DUI must be compelling. A prosecutor is likely to bring the arresting officer and DRE to testify that you were intoxicated by drugs while operating a motor vehicle. That’s why you need a talented DWI defense lawyer to cross-examine them and use all of the defenses available to invalidate the state’s evidence.

The officer who stopped you and arrested you must follow the law, beginning with a legal traffic stop. Moreover, the DRE must conduct tests and an assessment following approved protocol after the appropriate training. Our DUI attorneys may question the expert on the findings, again creating doubt that they conducted the assessment properly or promptly. Our job is to protect your rights and ensure you get a fair trial, using all of our knowledge, training, and years of experience to obtain a favorable result in your case.

If you or someone you love has been charged with prescription drug DWI, our New Jersey DUI defense attorneys can be your allies, helping you make the best of an unfortunate situation. Call 609-850-8284 now for a free consultation with a member of our defense team.