DWI charges stemming from prescription drugs like oxycontin, roxycontin, or other narcotic medication are not as unusual in New Jersey as you might think. Law enforcement is becoming very aggressive in prosecuting driving under the influence of prescription DUI cases. If you have been charged under N.J.S.A. 39:4-50 because police claim you were under the influence of a prescription drug, perhaps narcotic pain medication, we can help you. We are the largest driving while intoxicated defense firm in the state and our team includes four (4) former DWI prosecutors who know all the angles when it comes to prescription drug offenses under N.J.S.A. 39:4-50. A lawyer on our staff is available anytime 24/7 to speak to you and initial consultations are always without obligation. The following is some important information you might want to know if you have been charged with prescription drug DUI in New Jersey.
Important Characteristics of a Medication-Based DWI
Although your stop may have involved very little or no alcohol at all, the charge you are facing is Driving While Intoxicated (“DWI”), also interchangeably referred to as DUI in New Jersey. But since your case is based on some form of pharmaceutical drug as opposed to alcohol, the typical method for proving intoxication, a breathalyzer, does not apply. As a result, police and prosecutors need some form of toxicology, whether its a blood test or urine test, to establish the presence of a narcotic or other drug in your system at the time of operation. But mere presence of a prescription drug in the blood or urine of an accused is not, by itself, enough to establish “intoxication” (i.e. it only evidences that an opiate or other intoxicant was present). To prove that the driver was influenced in a manner so as to prevent him from operating a vehicle safely, the prosecutor must produce a drug recognition expert (“DRE”). The DRE must have been called into the police station following the stop and subjected you to a battery of tests intended to detect the type of drug involved and impairment. The law in New Jersey is very clear that a driving under the influence of prescription drugs offense cannot be proven without a DRE.
Seasoned Drug DWI Defense Lawyers
Drug DWI charges tend to be more technical and complicated than alcohol-based cases. This is why it is so important to have an attorney experienced in prescription drug DUI at your side if you are facing this pedigree of DWI offense. Our defense firm is highly experienced and skilled in these charges—having over 100 years of collective experience defending DWI-related charges in NJ. Give us a call at 877-450-8301 for a complimentary initial consultation.