(732) 582-5076Driving while intoxicated (DWI) is often associated with alcohol, but you can also face DWI charges for operating a vehicle while under the influence of drugs. If you are charged with this offense, it’s important to understand how it is prosecuted in the State of New Jersey.
Driving Under the Influence of Drugs: Proving the Case
When it comes to being under the influence of drugs, the state will depend on urine or blood testing at a forensic laboratory to prove its case. However, New Jersey forensic laboratories do not test for the amount of drugs in the system, only its presence.
This means these tests cannot determine if a person is under the influence of drugs, which makes proving drug DUI cases far more difficult. Steven Hernandez has received advanced training in DUI Drug defense, including the DRE overview course and Forensic DUI Drug Analysis.
In addition, in some cases Steven Hernandez will hire expert witnesses to poke holes in the prosecution’s case and defend you against these charges.
The Role Of A Drug Recognition Officer in DWI Drug Cases
Law enforcement officers rely on drug influence examination (DIE) conducted by a Drug Recognition Evaluator (DRE) to evaluate drivers that are suspected of driving under the influence of drugs. The DRE will follow a 12-step process to determine if a driver is under the influence of drugs. These steps include:
- The DRE conducts a breath test to rule out alcohol intoxication.
- The DRE interviews the police officer.
- The DRE interviews the DWI suspect.
- The DWI suspect’s eyes are examined for signs of intoxication.
- The DRE conducts several field sobriety tests to look for signs of intoxication.
- The DWI suspect’s vital signs are recorded.
- The DWI suspect’s pupils are examined when exposed to different levels of light.
- The DRE examines the suspect’s body to look for rigid muscles or other signs of intoxication.
- The DRE searches the suspect’s body for possible injection sites.
- The DWI suspect is interviewed for a second time.
- Based on the first 10 steps, the DRE will reach a conclusion about the suspect’s intoxication.
- The DWI suspect completes toxicology tests.
The results of this evaluation—and the way it is conducted—must be closely analyzed by a criminal defense attorney. A skilled dwi attorney can identify flaws in the DRE’s process, logic, or interpretation of the results that could weaken the prosecution’s case.
The Drug Recognition Evaluator’s role is crucial because drug impairment is often more difficult to detect than alcohol impairment. Unlike alcohol, where blood alcohol concentration (BAC) levels provide a clear metric, drugs affect a person’s body and mind in varied and complex ways. The DRE’s systematic approach helps law enforcement officers gather comprehensive evidence to support charges of driving under the influence of drugs.
Each step in the DRE evaluation is designed to observe specific physical and behavioral indicators that may suggest impairment from controlled substances or prescription medications. For example, examining the suspect’s pupils under different lighting conditions can reveal abnormalities such as dilation or constriction inconsistent with normal responses, which are common signs of drug use.
Field sobriety tests administered by the DRE assess coordination, balance, and cognitive function, all of which can be impaired by drug use. Recording vital signs such as blood pressure, pulse, and body temperature helps to identify physiological changes linked to drug influence.
Furthermore, the DRE’s search for injection sites on the suspect’s body is important for detecting possible intravenous drug use, which can be a critical factor in evaluating impairment.
It is important to note that toxicology tests, such as blood or urine tests, are typically the final step in confirming the presence of drugs in a person’s system. However, these tests alone do not always accurately reflect the level of impairment at the time of driving, which is why the DRE’s observations and evaluations play a vital role in building the prosecution’s case.
Given the complexity of drug DUI cases, a DUI involving drugs attorney with experience in challenging the validity and reliability of DRE evaluations can be instrumental in mounting an effective defense. They may scrutinize the qualifications of the DRE, the consistency of the evaluation process, and the interpretation of the results to identify weaknesses that could lead to reduced charges or case dismissal.
Illegal Drugs and DWI Charges
Law enforcement officers can arrest you if they suspect you are under the influence of an illegal drug such as:
- Cocaine
- Marijuana
- Heroin
- Synthetic marijuana
- Hallucinogens
- Opioids
This is not an all-inclusive list of illegal drugs that could result in DWI charges. The use of many other substances can also lead to DWI charges if they affect your ability to operate a vehicle.
Illegal drugs can impair your judgment, slow your reaction times, and affect your coordination, all of which are critical for safe driving. Police officers trained as Drug Recognition Experts (DREs) often evaluate suspected drivers to determine the presence and effect of these substances.
The complexity of proving drug impairment in DWI cases makes the expertise of a skilled DUI defense attorney essential to challenge the prosecution’s evidence effectively.
Prescription Medication and DWI Charges
Some people assume that you can only face DWI charges if you are under the influence of an illegal drug, but that’s not the case. You can face DWI charges if you are under the influence of a legally prescribed medication at the time of your arrest.
In fact, you can face charges for being under the influence of over-the-counter medication as well. The type of drug does not matter—all that matters is that it has impaired you to the point where you are no longer capable of safely operating a vehicle. If you’re found guilty, he is what you could be facing:
| Offense | Jail Sentence | License Suspension | IDRC Detention | Fines | Surcharge |
|---|---|---|---|---|---|
| 1st Offense | Up to 30 Days | 7 – 12 Months | 12- 48 Hours | $300-$500 | $3000+ |
| Second Offense | 2 – 90 Days | 1 to 2 Years | 12 – 48 Hours | $500 – $1000 | $3000+ |
| Third Offense | 180 Days | 8 Years | 12 – 48 Hours | $1000 | $3500+ |
Prescription drugs, including habit-producing drugs such as opioids, benzodiazepines, and certain antidepressants, can cause significant drug impairment affecting your driving ability. Even if these medications are legally prescribed, driving under their influence can result in serious penalties. Law enforcement may rely on blood tests, urine samples, and observations by Drug Recognition Experts to establish impairment.
Because the effects of prescription medication can vary widely between individuals, mounting an effective defense often requires an experienced attorney who understands the nuances of drug-related DUI laws.
Schedule A Free Consultation With Our Expert DUI Drug Attorneys In New Jersey
Have you been arrested for driving while under the influence of drugs? If so, seek legal representation from skilled DUI drug attorney Steven Hernandez at once. To schedule a free consultation, call or submit your information using the contact form on this website.
Facing DUI charges involving drugs can be overwhelming and complex. The legal process requires a thorough understanding of the laws surrounding drug impairment, controlled dangerous substances, and the specific circumstances surrounding your arrest.
An experienced DUI involving drugs attorney like Steven Hernandez can help you navigate these challenges by evaluating evidence such as blood samples, urine tests, and the results of chemical tests, including those conducted by Drug Recognition Experts.
With the potential for severe penalties including substantial fines, jail time, license suspension, and lasting effects on your person’s life and driving privileges, it is crucial to have a dedicated drugs defense attorney working to achieve the most favorable outcome possible.
Whether your case involves prescription medications, illegal drugs, or over-the-counter substances, a knowledgeable attorney can challenge chemical tests, question the validity of traffic stops, and present evidence that may reduce or dismiss charges.
Do not face the serious penalties of a drug DWI alone. Contact Steven Hernandez today for a free consultation and take the first step toward protecting your rights and your future.