In New Jersey, a DWI charge extends beyond impairment by alcohol. It encompasses any substance that compromises a driver’s ability to safely operate a vehicle, including legally prescribed medications. If you have been charged with a DWI involving prescription drugs in NJ, understanding the state’s legislation is crucial for defending your rights. Continue reading and speak with a skilled Bergen County criminal defense lawyer today.
What is a DWI?
A DWI, or Driving While Intoxicated, is a serious traffic offense in New Jersey defined under N.J.S.A. 39:4-50. While commonly associated with alcohol, this statute prohibits operating a motor vehicle while under the influence of any intoxicating substance.
A conviction can result in significant penalties, including fines, license suspension, mandatory Intoxicated Driver Resource Center (IDRC) classes, and even jail time. The primary focus of a DWI charge is demonstrating that the driver’s ability to safely operate the vehicle was impaired.
Can I Be Charged With a DWI For Prescription Drugs in NJ?
Yes, N.J.S.A. 39:4-50 makes no distinction between illegal drugs, alcohol, or legally prescribed medications when it comes to operating a vehicle while impaired. A driver can be charged with a DWI in New Jersey if their ability to safely operate a motor vehicle is compromised by the effects of prescription drugs.
The most important factor is the effect of the substance. If a prescription drug causes a driver to be “under the influence” to the point where they cannot think clearly or operate the car safely, they can face a DWI charge.
What Types of Prescription Medications Cause Impaired Driving?
There are many prescription medications that impact and impair an individual’s ability to safely operate a vehicle. Prescriptions that affect the central nervous system are the most common cause of drug-related driving impairment. These medications can result in a range of side effects that impair driving, including drowsiness, dizziness, blurred vision, difficulty concentrating, slowed reaction time, and impaired judgment.
Because the effects vary widely based on the individual, the dosage, and interactions with other substances, patients should always review warning labels and consult their doctor or pharmacist about driving safety. Common types of impairing prescription drugs include:
- Pain medications: Percocet, Vicodin (hydrocodone/acetaminophen), OxyContin (oxycodone)
- Anti-anxiety medications: Xanax (alprazolam), Valium (diazepam), Ativan (lorazepam)
- Sleep medications: Ambien (zolpidem), Lunesta (eszopiclone)
- Muscle relaxants: Soma (carisoprodol), Flexeril (cyclobenzaprine)
- Antidepressants: Certain tricyclic antidepressants and selective serotonin reuptake inhibitors (SSRIs) like Paxil (paroxetine)
- Antihistamines: Benadryl (diphenhydramine) and other sedating allergy medications
Even if you have a legally valid prescription for these medications, you can still face DWI charges if they impair your ability to safely drive. The legality of the drug does not matter if it causes you to be unsafe on the road.
For more information and legal advice, contact an experienced criminal defense attorney today.