Driving offenses related to being under the influence are not just reserved for people whove consumed too much alcohol or taken recreational drugs. In New Jersey police officers can charge you with a DUI even if the substance in your system is perfectly legal. In fact you can be charged even if the medication you took was prescribed by your doctor. The law applies to over-the-counter pharmaceuticals as well as drugs prescribed by your physician even if youve taken no more than the recommended dose. If you are facing the unfortunate circumstance of being arrested for driving under the influence do not hesitate to contact our experienced New Jersey DUI defense lawyer for prompt assistance. At The Kugel Law Firm we are experienced in handling such cases and can provide you with guidance to identify the strongest legal arguments for your defense. You can reach our New Jersey offices at (973) 854-0098 to schedule a consultation. New Jersey DUI Charges Driving Under the Influence In New Jersey the charge for being under the influence of prescription drugs is classified the same as a DUI (Driving Under the Influence). This means you could be charged under exactly the same laws that apply to those who are drunk or have taken illegal substances. If youre suspected of being under the influence a police officer can ask you to take a blood or urine test to check which substances are in your system and at what concentration. Topic Details DUI Charges for Prescription Medications Driving Under the Influence (DUI) the charge for being under the influence of prescription medications. In New Jersey the same laws that apply to those who are drunk or have taken illegal substances are used to charge individuals under the influence of prescription medications. Penalties for DUI Charges Potential penalties include jail time hefty fines license suspension and drug counseling. The severity of the offense determines the extent of the penalties imposed. Testing for Substance Presence Suspected individuals may be asked to undergo blood or urine tests to determine the presence of substances in their system and the concentration of those substances. When Can You Drive on Prescription Medication? Is it legal to drive after taking prescription drugs? That depends on whether your prescription medication impairs your ability to safely operate a motor vehicle while youre driving. Thats right in the case of prescription or over-the-counter drugs the law is not automatically broken just because a blood or urine test shows that you have it in your system. With medications theres no minimum blood alcohol content (BAC) level like there is with alcohol where the result of the test alone is enough to lead to a criminal offense. But that doesnt mean that you cant break the law. To safely operate a vehicle you must be alert and able to react to the conditions of the road the weather and any hazards. If the actual effects of your medication make you unable to safely operate a car you could be charged even if youve taken the smallest possible dose. The outcome of your case ultimately comes down to the definition of impaired. When Does a Prescription Medication Make You Impaired? The truth is whether a person is considered impaired or not is subjective. Five different people could well have five different opinions on where exactly the line is crossed. A police officer may use the following examples to argue that youre impaired: Slurred speech Acting tired or sleepy Unfocused eyes Shaky hands Being unstable on your feet You could get a DWI charge if the arresting police officer witnessed these behaviors along with unsafe driving such as weaving in and out of lanes or running intersections. You could face worse consequences if youre actually involved in a collision or accident. How to Stay Safe When Driving and Using Prescription Drugs Based on the characteristics outlined above the best way to keep yourself safe when driving is to carefully analyze the prescription drug that you are taking. Make sure that you read all of the potential side effects of your prescription carefully. Understand the effects that your prescription can have on your body and state of mind. Consider how these effects could affect your ability to drive safely. When starting a new prescription drug that might impair your cognitive ability wait at least 24 hours ideally 48 before driving. NJ DWI attorney One warning that should catch your eye is if your pill bottle warns you not to operate heavy machinery. After all cars are very large machines. It goes without saying that if youre taking more than one prescription drug you also need to understand the side effects when the drugs are taken together. Your doctor can provide you with the information you need to make the best decision for you. You should also ask your doctor whether they believe it would be appropriate for you to drive. You are the best judge of how your body reacts to a particular drug. However you should give your body adequate time to actually react so that your assessment can be based on fact. Leaving time after taking a new drug also means you can assess how long any side effects last. Every person reacts and metabolizes substances differently. Driving on Xanax Similar to other potent prescription medications Xanax poses a significant danger to individuals who drive while under its influence. Many individuals who misuse Xanax often combine it with alcohol to amplify its effects resulting in impaired judgment and compromised driving abilities. In accordance with the laws of New Jersey operating a motor vehicle while under the influence of drugs that impact the central nervous system is considered illegal. Should you be pulled over by a police officer and they determine that you are under the influence of Xanax the state may proceed to arrest you and bring charges for Driving Under the Influence (DUI). Although law enforcement officers may face challenges in precisely identifying the influence of a specific prescription drug many individuals who misuse Xanax often consume alcohol to enhance its effects making it more noticeable to an observing officer. Typically if an officer suspects a driver to be under the influence of a substance other than alcohol they may seek the assistance of a Drug Recognition Expert (DRE). The DRE will inquire about the individuals drug history examine physical symptoms and perform other assessments to detect the presence of any drugs that could impact the central nervous system. If the DRE is unable to definitively determine the drug involved but there is substantial evidence indicating impaired driving the police have the authority to arrest the individual and request a urine sample. If an officer requests a urine sample it is advisable to seek the guidance of an experienced DUI defense lawyer to ensure that your rights are protected and to receive appropriate legal advice. When Should I Contact a Lawyer for a DWI? As you can see there is no black-and-white rule when it comes to what is acceptable when driving under the influence of prescription drugs. In many cases the issue of impairment comes down to the police officers testimony against yours. But the truth is that the prosecution has a high bar to meet in prescription drug cases. They have to show beyond reasonable doubt that your ability was impaired. Thats not easy. But you do need a great lawyer to help you analyze the evidence to your advantage. As soon as you can make a phone call you should contact an attorney who specializes in representing clients against DUI charges in New Jersey. A DUI lawyer can help you identify the best legal arguments in your defense. Schedule a no-risk case consultation now with the DUI attorneys at The Kugel Law Firm. You can contact us at (973) 854-0098 to schedule a consultation. via Kugel Law Firm DWI/DUI Defense in New York amp; New Jersey https://thekugellawfirm.com/can-you-get-a-dui-for-driving-on-prescription-medication/