Understanding Drug DUI Prosecution in New Jersey

Driving under the influence of drugs (DUI-drugs) is a serious offense in the state of New Jersey, just like driving under the influence of alcohol (DUI-alcohol). However, due to the complex issues surrounding drug intoxication, prosecuting drug DUIs requires a different legal approach than alcohol DUIs. The approached being utilized by the State, relying on Drug Recognition Experts (DREs), is highly unreliable and not supported by the medical profession or any reliable statistical data.

Tests Used by Law Enforcement

If you are charged with an alcohol DUI, the state of New Jersey will use different tests and measures to attempt to prove their case. You can be required to provide a breath sample, which will test your breath alcohol content (BAC). You may also be required to perform Standardized Field Sobriety Tests (SFSTs). If you provide a BAC above the legal limit in New Jersey of 0.08 or if you are determined to have failed the SFSTs, you may be convicted of an alcohol DUI in New Jersey. However, it is not the same for drug DUIs because there is no breath test for drugs.

New Jersey must rely on other measures to prove its case. For drug DUIs, New Jersey relies, in part, on Drug Recognition Experts (DRE). These are law enforcement officers who are alleged to be trained in recognizing and identifying drug impairment. The DRE will conduct an evaluation of the driver, including physical observations, questioning and physical tests. The claim is that the DRE evaluation will determine the type of drug or drugs in the driver’s system and the level of impairment. This is a highly controversial evaluation that may be utilized by the State to attempt to prove a drug DUI. For a detailed analysis of how the State is permitted to utilize the examination results, visit our blog: How Does the State Prove a Charge of Driving Under the Influence of Drugs.

Prescription Drugs Can Lead to Impairment

One of the common misconceptions about drug DUIs is that drugs are only illegal substances, such as cocaine or heroin. However, it is important to note that prescription drugs can also lead to drug DUI charges if they cause impairment. Meaning, if you are taking a prescription medication, that does not necessarily mean you are automatically permitted to drive. Not all drugs affect drivers in the same way. Unlike alcohol, which affects everyone’s gross motor skills and reaction time, different drugs can affect different people in different ways. If that prescription medication, at the dose and frequency you are taking, causes impairment then you may be charged and subsequently convicted for DUI. That said, the mere presence of a prescription medication in your system does not automatically equate to impairment. Unfortunately, there are lots of law enforcement agencies and courts that believe that the presence of any illegal drug in your system during a routine traffic stop is in violation of the DUI statute. This is something we fight against quite often.

When a defendant has the presence of a prescription medication in their system, New Jersey relies on DREs to attempt to prove impairment. As part of the DRE evaluation process, you would think that DREs would attempt to determine if the prescription drug is being utilized in a matter that would result in impairment. For example, the DRE would ask and consider the following: What medication you are prescribed? For how long have you been prescribed that medication? For what purpose do you take the medication? How long ago did you take the medication? Does this prescription produce impairment when taken as prescribed (or merely reduce pain without any impairment)? Then confirm with a medical professional that the dose, frequency of use and forensic levels in the defendant’s system are consistent with impairment. Unfortunately, none of that happens. DRE evaluators are not required to take any of that into consideration when rendering their “opinion”. DREs do not seek input from any form of medical professionals when conducting these evaluations or rendering their opinions. DREs also receive no training whatsoever from medical professionals. So a law enforcement officer, with no medical training, is making a determination if you are impaired. Let that settle in for a moment.

Seek Advice from an Experienced Drug DUI Attorney

Drug DUI is a serious offense in New Jersey, and the state is relying on DREs to prove impairment. The State is claiming that a DRE can identify the type and level of impairment caused by drugs. This approach is not backed by science and is something we fight against regularly. Therefore, if you have been charged with a drug DUI, it’s essential to seek legal advice from a qualified attorney who can help protect your legal rights. Remember, driving under the influence of drugs in New Jersey is not only illegal but also dangerous, and it puts yourself and other motorists at risk.