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New Jersey DWI Prescription Medication Penalties

You could be charged with DWI if you are under the influence of a prescription medication—even one that has been legally prescribed to you, including:

  • Antidepressants
  • Painkillers

You may also be charged if you are impaired by an over-the-counter medication, such as:

  • Allergy medications
  • Sleeping pills
  • Cough syrups

Penalties for a DWI Prescription Drug Charge in NJ

If you are found guilty of driving under the influence of prescription drugs, you may face the following penalties:

Jail Sentence License Suspension IDRC Detainment Fines Surcharges
First Offense Up to 30 days 7-12 months 12-48 hours $300-$500 $3,500+
Second Offense within 10 years 2-90 days 2 years 12-48 hours $500-$1,000 $3,500+
Third Offense within 10 years 180 days 10 years 12-48 hours $1,000 $5,000+

Possible Defenses

In order to convict someone of a DWI involving prescription drugs, the prosecution must prove that the drug in question was in the blood stream of the accused to the extent that he or she was intoxicated by it while operating a vehicle.

The prosecution normally introduces the results of forensic tests, such as urine and blood tests, as well as the testimony of the arresting officer as evidence. An experienced DWI lawyer can challenge this evidence and may be able to show flaws that can lead to an acquittal or dismissal of the case.