Driving under the influence (DUI) charges can involve not only alcohol but also prescription medications. While these medications may come with a legal prescription, they can impair a driver’s abilities.
In New Jersey, DUI laws treat impairment from prescriptions seriously, but there are defenses available to address these charges.
Lack of impairment
One common DWI defense is showing that the medication did not impair the driver. A person’s tolerance, dosage, and timing of the medication can influence whether they are actually impaired. Evidence such as expert testimony or medical records can help demonstrate that the driver’s abilities were unaffected.
Improper testing or procedures
Law enforcement must follow strict procedures when conducting DUI stops and administering tests. If officers fail to follow proper protocols during a field sobriety test or a blood sample analysis, it may invalidate the results. Challenging the accuracy of the tests can weaken the prosecution’s case.
Prescription medication defense
New Jersey law allows drivers to use medications prescribed by a licensed healthcare provider. A defense can involve proving that the driver was using the medication as directed and had no reasonable way to know it could impair their ability to drive. A doctor’s clear communication of the medication’s effects can support this argument.
Medical necessity
Drivers may argue that their need for the medication outweighs the charges. If the medication was required to treat a serious condition and the driver took reasonable precautions, this defense might apply. However, it is important to show the driver took steps to prevent impairment.
Know your rights and responsibilities
Understanding the nuances of DUI laws involving prescription medications is essential. Drivers should educate themselves on how their prescriptions may affect their ability to drive safely and take proactive steps to avoid legal complications. Being informed can make all the difference in working through these challenges and avoiding legal penalties for DWI.