Yes, it is possible to be convicted of DWI in New Jersey if prosecutors can prove that you were intoxicated by a legally prescribed medicine at the time of your arrest.
These are difficult cases to prove, because unlike alcohol arrests, you are not required to provide police with a sample of breath, blood, or urine for chemical testing.
Instead, police rely on a specially trained officer, a Drug Recognition Expert (DRE), who will perform a series of tests to establish whether or not you are intoxicated.
This approach to evidence gathering has many flaws, and defense attorneys have a number of ways to rebut claims made by the DRE.
For instance, a person taking a prescription pain killer to treat a back injury may display many of the physical symptoms of drug intoxication, but the cause is actually the pain itself, not the medicine.
To fight charges of DWI based on prescription medicines, you should have an experienced attorney who can present the right kind of evidence to the judge.
Winning a DWI case in New Jersey is possible, and Matthew Reisig has successfully defended more than 1,001 clients throughout the state.
Call 732-625-9660 today to talk to an experienced New Jersey DWI attorney for free.
