Driving while intoxicated (DWI) doesn’t only apply to alcohol. In New Jersey, police can charge drivers with DWI if prescription drugs impair their ability to drive. If officers believe prescription drugs are impairing a driver, they will investigate just like they would for alcohol or illegal drugs.
How New Jersey determines impairment
New Jersey law treats prescription drug impairment the same as alcohol or illegal drug impairment. If an officer pulls someone over and suspects impairment, they will conduct a field sobriety test to check balance, coordination, and attention. If the officer believes the driver is impaired, they may arrest them and take them to the police station for further testing.
Unlike alcohol-related DWIs, there is no breath test to measure prescription drug impairment. Instead, police may call in a specially trained Drug Recognition Expert (DRE). A DRE evaluates the driver’s physical condition, behavior, and medical history. They may also request a blood or urine test to check for drugs in the driver’s system. New Jersey’s Supreme Court accepts DRE evidence as admissible and reliable in many instances.
Penalties for a prescription drug DWI
The penalties for a prescription drug DWI in New Jersey are the same as those for alcohol-related DWIs. A first offense can result in fines, license suspension, and mandatory drug education classes. If the driver has a high level of impairment or a history of DWI offenses, penalties can be more severe.
A first offense may include:
- Fines between $250 and $500
- Up to 30 days in jail
- License suspension for 3 months
- Mandatory participation in the Intoxicated Driver Resource Center (IDRC) program
For a second or third offense, the penalties increase. A second offense can lead to a two-year license suspension and up to 90 days in jail. A third offense may result in a 10-year license suspension and up to 180 days in jail.
Drivers should read warning labels and ask their pharmacists if a medication affects driving. If a drug causes drowsiness or dizziness, it is safer to arrange another form of transportation. Understanding New Jersey’s DWI laws can help residents avoid serious legal trouble.