A DWI arrest in New Jersey can be overwhelming, especially if it involves medications prescribed by a psychiatrist. Many people are surprised to learn that New Jersey’s DWI statute, N.J.S.A. 39:4-50, doesn’t only apply to alcohol but also includes intoxication caused by drugs. 
This includes narcotics, hallucinogens, and habit-forming substances. If your arrest stems from prescription medications, navigating the complexities of the law can be especially challenging.
How Prescription Medications Fall Under NJ’s DWI Law
New Jersey law makes no distinction between illegal drugs and some prescription medications when it comes to DWI charges. Even if your medication was lawfully prescribed by a psychiatrist, you could still face charges if the authorities believe it impaired your ability to operate a vehicle. Psychiatric medications, such as antidepressants, anti-anxiety drugs, and certain sleep aids, may be classified as habit-forming drugs, depending on their effects and how the prosecution interprets them.
The ambiguity surrounding what qualifies as a “habit-producing” drug adds another layer of complexity. Some medications prescribed by psychiatrists may be argued as non-habit-forming, making it critical to have a knowledgeable DWI attorney on your side to navigate these legal gray areas.
Why Prescription Drug DWIs Are Harder to Prove
Unlike alcohol-related DWIs, which rely on clear evidence such as breathalyzer results, drug-related DWI cases present unique challenges for the prosecution. There’s no “prescription drug breathalyzer” to measure impairment, and blood or urine tests often cannot definitively prove intoxication at the time of driving.
For these reasons, drug-related DWIs are among the hardest cases for municipal prosecutors to prove. The law requires clear evidence that the driver’s ability to operate the vehicle was impaired. This often involves testimony from a Drug Recognition Expert (DRE), who evaluates signs of impairment. However, DRE evaluations can be subjective, making them vulnerable to cross-examination by an experienced defense attorney.
The Importance of an Experienced DWI Attorney
If you’ve been arrested for a prescription drug-related DWI, the best decision you can make is to hire an experienced DWI attorney. These cases require a nuanced understanding of both New Jersey’s DWI laws and the science behind drug intoxication.
Reisig Criminal Defense & DWI Law has been one of New Jersey’s most trusted and successful law firms for nearly 30 years. With a track record of defending clients against complex DWI charges, including those involving prescription medications, they have the expertise needed to build a strong defense. Their approach includes analyzing the specifics of your case, challenging the evidence, and presenting expert witnesses to dispute claims of impairment.
Building a Strong Defense
Successfully defending against a prescription drug DWI charge often involves three critical components:
- Expert Witnesses: An expert witness, such as a pharmacologist, can testify about the effects of the prescribed medication and whether it likely caused impairment.
- Prescribing Doctor: The testimony of your psychiatrist can clarify why the medication was prescribed and how it should affect your ability to drive.
- Challenging Evidence: An experienced attorney will scrutinize the DRE evaluation, any blood or urine test results, and the circumstances of your arrest to identify weaknesses in the prosecution’s case.
Why Choose Reisig Criminal Defense & DWI Law?
With decades of experience and an impressive record of success, Reisig Criminal Defense & DWI Law has become a go-to choice for individuals facing DWI charges in New Jersey. Their deep understanding of the complexities of prescription drug DWI cases allows them to craft tailored defense strategies that maximize the chances of a favorable outcome.
Don’t face your DWI charges alone. Contact Reisig Criminal Defense & DWI Law today to get the guidance and representation you need. With their expertise, your prescription drug DWI case can be successfully defended. Call now to take the first step toward protecting your rights and your future.
