Have you ever wondered if it’s legal to drive after taking prescription drugs? The answer is not as straightforward as you may think. While it’s possible to legally drive after taking certain prescription drugs, you can also be charged with driving while intoxicated (DWI) if the substance impairs your ability to safely operate a vehicle. This applies not only to prescription drugs but also to over-the-counter medications like NyQuil.
If you or a loved one has been charged with a DWI after consuming prescription drugs, it’s crucial to seek legal help from an experienced New Jersey DUI lawyer. At The Kugel Law Firm, our team of skilled New Jersey DUI attorneys may be able to help you understand your rights, review possible defenses, and work towards the best possible outcome for your case. Call us today at (973) 854-0098 to schedule a consultation.
Can You Get a DUI for Prescription Drugs in New Jersey
In recent years, the enforcement of prescription drug DUI laws in New Jersey has increased to combat drugged driving. As a result, police officers have become more vigilant in identifying and stopping individuals suspected of being under the influence of drugs. Despite common misconceptions, prescription drugs can lead to a DUI arrest in New Jersey, even if they were lawfully prescribed. The penalties for a prescription drug DUI conviction can include losing driving privileges, hefty fines, and jail time.
Anyone charged with a prescription drug DUI in New Jersey should be aware of the state’s laws and potential consequences. Seeking legal counsel is recommended, and being well-informed can help navigate the situation more effectively.
New Jersey’s DUI definition is not limited to alcohol, as driving while impaired by prescription drugs is also illegal under state law (N.J.S.A 39:4-50). A DUI offender is defined as someone who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drugs.
Some prescription drugs are considered narcotics under the law. To be convicted of a prescription drug DUI, it must be proven beyond a reasonable doubt that the drugs were in the driver’s system during the traffic stop and arrest, and that their driving was potentially hazardous due to the medication’s consumption.
Specific prescription drugs that can be considered intoxicating under the law include cough syrup, sleeping aids, antidepressants, allergy medication, painkillers, and muscle relaxants. Even if these drugs are legally prescribed, it does not exempt someone from DUI charges. If unprescribed drugs are found in the vehicle during the arrest, additional charges, such as illegal drug possession, may also be brought against the driver.
| Prescription Drug DUI Laws in New Jersey | Details |
|---|---|
| Definition of DUI in New Jersey | Driving while impaired by prescription drugs is illegal under state law (N.J.S.A 39:4-50). A DUI offender in New Jersey is someone who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drugs. |
| Penalties | Penalties for a prescription drug DUI conviction in New Jersey can include losing driving privileges, hefty fines, and jail time. Being charged with a prescription drug DUI requires understanding the state’s laws and seeking legal counsel is recommended. |
| Proving Intoxication | To convict someone of a prescription drug DUI, it must be proven beyond a reasonable doubt that the drugs were in the driver’s system during the traffic stop and arrest, and that their driving was potentially hazardous due to the medication’s consumption. |
| Types of Prescription Drugs | Prescription drugs that can be considered intoxicating under the law include cough syrup, sleeping aids, antidepressants, allergy medication, painkillers, and muscle relaxants. Legal prescription status does not exempt someone from DUI charges. |
Getting the Help of an Experience New Jersey DUI Lawyer
Driving under the influence of prescription drugs is a serious offense in New Jersey, and the consequences can be severe. If you or someone you know is facing DUI charges involving prescription drugs, it is essential to seek legal counsel from an experienced New Jersey DUI lawyer.
New Jersey DUI attorney Rachel Kugel and The Kugel Law Firm have a proven track record of success in handling DUI cases and are dedicated to providing personalized, aggressive representation to protect your rights and best interests. Contact us today at (973) 854-0098 to schedule a consultation and learn more about your options for defense.
from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/is-it-legal-to-drive-after-taking-a-prescription-drug/
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