DUI (Driving Under the Influence), also referred to as DWI (Driving While Intoxicated), is a serious legal offense in New Jersey. Most people associate DUI charges with alcohol, but the use of illicit or even prescription drugs can also result in an arrest. For more information, read on and schedule your free case evaluation with an experienced Mercer County drug DUI lawyer today.
Can Prescription Drugs Lead to DUI Charges in NJ?
In short, yes, prescription drugs can lead to DUI or DWI charges in New Jersey. In NJ, driving while under the influence of any intoxicating substance, including legally prescribed medication, can lead to charges.
The important factor is not whether the drug is legal or illegal, but whether it has impaired your ability to operate a vehicle safely. Under N.J.S.A. 39:4-50, a person is guilty of a DUI if they operate a motor vehicle while “under the influence of a narcotic, hallucinogenic or habit-producing drug.” This statute is broad and encompasses any substance that affects a driver’s central nervous system, judgment, or motor skills to a degree that makes them unable to safely operate a vehicle.
Police officers determine impairment through observation, field sobriety tests, and sometimes a drug recognition expert (DRE) evaluation. If the officer believes the prescription drug has made you incapable of safely driving, you can be arrested and charged. The prosecution does not need to prove a specific level of concentration in your system, only that the drug impaired your driving.
What Prescription Drugs Can Cause Impairment?
Many legal medications have significant side effects, including drowsiness, dizziness, slow reaction times, impairment of judgment and coordination, and more. Some common prescription drugs that can potentially cause driving impairment include:
- Opioids and pain relievers: Medications like oxycodone, hydrocodone, and morphine
- Benzodiazepines: Anti-anxiety drugs such as Xanax, Valium, and Ativan
- Muscle relaxers: Drugs like Soma or Flexeril
- Antidepressants and sleep aids: Certain types of antidepressants, such as Amitriptyline, and common sleep medications like Ambien
- Stimulants: While intended to increase alertness, high doses of drugs for ADHD can sometimes lead to erratic driving behavior or impaired judgment
It’s important to read warning labels and consult your doctor or pharmacist about how your medication may affect your ability to drive.
What if I Have a Valid Prescription?
Having a valid prescription is not a defense against a DUI charge in New Jersey. The law focuses on impairment, not whether or not the substance was legal. If your legally prescribed medication impairs your ability to safely operate a motor vehicle, you can still be charged under N.J.S.A. 39:4-50.
Essentially, the prescription confirms your legal right to possess the drug, but it does not grant you the legal right to drive while impaired by it. The prosecution must prove that your ability to drive was impaired, regardless of whether you intended to drive unsafely. Your defense must challenge the prosecution’s claim that your driving was impaired.
