In New Jersey, cases involving driving under the influence of drugs are prosecuted in much the same way as DWI cases involving alcohol.  The key is whether the drug causes a sufficient level of mental or physical impairment at the time of driving. 

Being under the influence of either alcohol or drugs is defined as physical or mental impairment such that the driver is not able to drive with the same caution as a sober person of ordinary prudence under the same or similar circumstances.

Depending on the case, it may not matter whether the drug is legal or illegal, prescribed or over-the-counter.  It is possible to be convicted of driving under the influence of cold medicine, cocaine or any other substance (whether legal or not) that causes impairment.  Many people mistakenly believe that if a doctor prescribes a drug, they are allowed to drive while taking this drug.  This can be a mistake with rather severe consequences.

Unlike DWI alcohol cases, there is no numerical blood measurement (“per se” limit) involving drugs.  The prosecutor will try to prove the motorist was driving under the influence of drugs by introducing evidence related to driving patterns, physical signs and symptoms, Field Sobriety Test performance and chemical test results, if available.

There are certain law enforcement officers who have received training to assist in determining whether or not someone is under the influence of drugs. They are called DREs, or Drug Recognition Evaluators.  DREs are brought in to examine a suspected motorist and are supposed to follow certain protocols in their evaluations.  A skilled DWI defense lawyer is often able to demonstrate that proper evaluation procedures were not followed, that the supposed signs and symptoms of impairment were ambiguous or that the signs and symptoms examined by the DREs were just as consistent with              non-impairment as they would be with impairment.

Being convicted of driving under the influence of alcohol or drugs can have serious and lifelong consequences.  The first step in avoiding these consequences, or cushioning their impact, is consultation with a DWI defense lawyer who is skilled in shielding his or her clients.

The key issue in any blood test case is the integrity of the blood sample.  Blood samples can ferment, clot or be rendered unreliable due to bacterial growth.  The end result is a reported alcohol level that is higher than the true alcohol level.

The state must show that the blood sample was not contaminated from the time it was drawn from your body until the time it was tested at the lab. Contamination can occur if the blood is not drawn and preserved in a medically acceptable manner. The only way to determine whether the draw was done properly is to cross-examine the phlebotomist who performed the procedure. Did the phlebotomist properly prepare the sample tube prior to giving it to the police officer?

Next, it must be shown that the blood was properly preserved at the time of the draw and during transportation of the blood sample to the police station and the state lab. Your attorney will want to know if the sample was sealed properly, so that no bacteria entered the test tube. He or she will also explore whether the sample was refrigerated properly or if it was exposed to heat, which can cause fermentation.