Prescription Drugs and DWI Attorneys Union County NJ

Prescription Drugs Attorneys Serving Clients in Linden, Rahway, Clark, Roselle, Elizabeth, and throughout Union County, Essex County, and northern Middlesex County.

When Prescription drugs can get your arrested for Driving While Intoxicated in NJDriving While Intoxicated (DWI) contrary to common belief, does not only mean driving whilst under the influence of alcohol or illegal drugs. New Jersey DWI law states that it is against the law to drive while under the influence of a drug that impairs your ability to drive. Therefore, many commonly prescribed medications that are considered to impair the ability to drive safely can lead to a DWI case following a car accident. In turn, it is advised that you check with your doctor if any medication that you are being prescribed could impair your judgment whilst driving.

Prescribed medication that could lead to a DWI include, but are not limited to;

  • Allergy medication or Antihistamines
  • Sleeping pills and muscle relaxants
  • Painkillers (Especially Opioid pain medications)
  • Cough medicine (Syrup or pill form)
  • Antidepressants/Antianxiety drugs (Especially Benzodiazepines)
  • Migraine and severe headache relief

When taking such medication, it is always advised to speak to your doctor or medical professional about the possible side effects and risks of taking such medication. Many of these prescription drugs can lead to a wide array of effects that could impair your driving ability. Some medications have more severe side effects than others and can make driving very challenging and, in some cases, unsafe.

Common side effects from prescription drugs that can impair driving, but are not limited to;

  • Nausea or vomiting
  • Sleepiness or feeling drowsy
  • Anxiety or increased heart rate
  • Fainting or feeling dizzy and disorientated
  • Lack of concentration
  • Slow or sluggish behavior
  • Blurred or reduced vision

Combining such medications together or adding alcohol to the mix may result in severe driving impairments. Make sure to never exceed the dosage prescribed by your doctor or medical professional and check that certain medications can be taken together before doing so.

Penalties for a DWI Conviction in New Jersey

Despite these cases being rare in New Jersey, the severity of such cases should not be overlooked. Such cases are also not as straight forward as one might think and often involve combinations of substances. In addition to the cases sometimes being complicated, so can the penalties. New Jersey is home to some very strict laws in regard to the consumption of drugs and alcohol. By law, a person must of at least 21 years of age to legally buy or consume alcohol. Breaking this law may lead to a fine of $500 in addition to losing your driver’s license for six months. If the person does not have their license, the suspension starts when you are first entitled to obtain a license. An additional alcohol education or treatment course may also be given.

If the person is under 21 years old and, has a detectable amount of alcohol in their system (.01 BAC or above) they will be subject to New Jersey’s zero-tolerance law.

The penalties:

  • Loss or deferment of driving rights for 30 to 90 days
  • Enrolment into a 15 to 30-day community service program
  • Enrolment into an alcohol and traffic safety education course

When being sentenced for a DWI case, the severities of the penalties vary depending on the type of offense and if the offender has had a DWI case in the past. Under New Jersey law Title 9 section 39: 4-50 if an offender’s BAC is 0.08% or higher, but less than 0.10%, they can be penalized. Also, if an offender allows another person with a BAC over 0.08%, but less than 0.10% to drive then it can be found guilty of a DWI charge.

First, Second and Third DUIs and the Penalties Each Offense May Carry

First Offense DUI Penalties

  • A fine between $250 – $400
  • A prison sentence of up to 30 days
  • 3-month license suspension
  • Enrolment into an Intoxicated Driver Resource Center (minimum of 6 hours daily for 2 consecutive days)
  • A driving insurance additional premium of $1,000 a year for 3 years

If the offender’s BAC is 0.10% or higher, or the person uses a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug they will be penalized. Additionally, if a person allows another person with a BAC of 0.10% they can be prosecuted under New Jersey’s zero-tolerance law.

  • A fine between $300 – $500
  • A prison sentence of up to 30 days
  • 7 month to 1-year license suspension
  • Enrolment into an Intoxicated Driver Resource Center (minimum of 6 hours daily for 2 consecutive days)
  • A driving insurance additional premium of $1,000 a year for 3 years

If an offender gives a BAC of 0.15% or higher, they must install an ignition interlock device into their vehicle. This should be installed for a period of 6 months to 1 year after they have got their license back.

Second Offense DUI Penalties

  • Consult a Union County NJ DWI/DUI and Prescription Drug Charges Attorney TodayA fine between $500 – $1,000
  • A prison sentence of at least 48 consecutive hours, and up to 90 days
  • 2-year license suspension
  • Enrolment into an Intoxicated Driver Resource Center (48 consecutive hours)
  • Enrolment into a 30-day community service program
  • A driving insurance additional premium of $1,000 a year for 3 years
  • Installation of an ignition interlock device for a period of 1 year to 3 years after restoration

Third Offense DUI Penalties

  • A fine of $1,000
  • A prison sentence of up to 180 days
  • 10-year license suspension
  • Detainment into an in-patient alcoholism treatment course
  • Enrolment into a 30-day community service program
  • A fee to the Intoxicated Driver Resource Center (dependent on court sentence)
  • A driving insurance additional premium of $1,500 a year for 3 years
  • Installation of an ignition interlock device for a period of 1 year to 3 years after restoration

Consult a Union County NJ DWI/DUI and Prescription Drug Charges Attorney Today

The Law Office of Edward S. Cooper has handled cases related to DUI or DWI in courts in NJ. We’ve successfully get dismissals not guilty verdicts and pleas to reduced offenses for our clients. In some cases, we’ve been able to reduce charges to traffic tickets.

To speak with our firm today in a comprehensive and confidential case assessment regarding your divorce or your Marital Settlement Agreement, please contact us online, or through our Linden, NJ office at (908) 481-4625.