Alcohol intoxication and drug intoxication are contained in this same statute (New Jersey’s DWI statute – N.J.S.A. 39:4-50). Our DWI statute for drug intoxication includes narcotics, hallucinogenics, and habit producing drugs. In many instances, drugs prescribed by a Psychiatrist arguably could be classified as habit producing drugs. On the other hand, they could also arguably be classified as non-habit producing drugs.
This is where an experienced DWI/DUI attorney is necessary for the proper defense of an individual charged under these circumstances. DWI drug intoxication cases are the hardest to prove for the municipal prosecutor. By extension, they are the easiest to defend. The proper way to defend this charge is to hire a top DWI attorney who can evaluate this particular factual circumstance and develop a coherent defense strategy to beat the DWI charge.
In 2012, I was privileged to write an article entitled “DUI Drug Cases: A Defense Perspective”, which was published in Inside the Minds: Navigating DUI Drug Cases. This article gives an overview of all matters pertaining to drug intoxication DWI cases. All drug intoxication cases can be successfully defended. A prescription drug intoxication case should be successfully defended. You need the proper defense attorney, proper expert witness, and the prescribing doctor in order to successfully defend the charge.
The bottom line is that a prescription based drug intoxication DWI charge can and should be successfully defended. If you need a top-notch DWI attorney in NJ, call me.