Fighting a DWI / DUI Under the Influence of Prescription Medication or Drugs The NJ DWI law was changed for persons under influence of alcohol effective December 1, 2019. With the installation of an alcohol detecting interlock places on your car, a driver can avoid most of the license suspension on a first offense on alcohol related DWI.
However, if charged and guilty of being under the influence of even legal prescription drugs, there is a mandatory loss of license for 7 months-12 months. The NJ DWI statute is not only about prohibiting driving after drinking. It also prohibits driving after taking prescription medication, which may render someone under the influence. Even if a medical doctor prescribed the medication police can still charge someone with driving under the influence of those medications.
It does not matter whether the drugs are legal or illegal for the seven-month suspension. If does not matter if you have a valid medical marijuana card.
If charged with DWI under influence of a drug, you need to have your attorney immediately file specific motions:
Example Pretrial Motions
1) Suppress Evidence 2) Miranda/Privilege 3) Exclude Lab Tests 4) Discovery Required 5) Request for dismissal if all discovery not timely provided. 6) Defense demands expert reports of the state 7) Objection to DRE Drug Recognition Evaluator and Experts 8) Notice of Objection to Lab Reports 9) Challenge to Chain of Custody
The DWI drug statute is below:
39:4-50 a1 (ii) (ii) If the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of a narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days;
In the case of a person who is convicted of operating a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug or permitting another person who is under the influence of a narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by the person or under the person's custody or control, the person shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;
PRE TRIAL MOTIONS
1) Suppress Evidence. Defendant will move to suppress, evidence obtained by the State during its investigation of case, pursuant to R. 3:5 7 and 7:5-2, because evidence ie defendant's person, breath, blood, and/or other things was seized unlawfully, without a court ordered search warrant and contrary to U.S. Const. Amends. IV and XIV and N.J. Const. Art.1, para.7. Defendant believes the State will use this evidence in proceedings before this Court on the above captioned charges.
2) Miranda/Privilege. Defendant will move to exclude statements by, and evidence obtained from, Defendant during the State's investigation of this case because the statements and evidence (a) create substantial danger of undue prejudice to Defendant contrary to Evid.R. 403 (previously Evid.R.) (b) are privileged under Evid.R. 503 (previously Evid.R. 25), and (c) were obtained contrary to U.S. Const. Amends. V, VI, IX, and XIV, NJ Constitution 1, paras.1, 10, and 2], and requirements stated in Miranda v. Arizona, 384 US. 486, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and its progeny.
3) Exclude Drug Tests. If police used a drug testing instrument in this case, Defendant will move to exclude evidence (of drug test results because (a) the Attorney General failed to exercise administrative authority and prescribe methods and procedures for periodic inspection of drug testing instruments as required by statute, and (b) without such properly prescribed methods and procedures, the State cannot lay the foundation needed for admission of drug test results into evidence at trial.
4) Discovery Required. Demand is made the state preserve any video and audio and advise if there is a video of the stop or arrest. Defendant requests that the State provide paper copy of any relevant discovery as required by Rule 3:13-3, Rule 7:7-7(b).
