Serving The New Jersey Citizens Of Oradell

Can I Get A DWI For Driving On A Prescribed Drug?

On Behalf of Law Office of E. Gregory M. Cannarozzi | Jan 5, 2023 | Blog

Though thousands of drunk driving accidents occur per year in the United States, most drivers are at least somewhat aware of the dangers of driving while under the influence of alcohol. However, not as many people are educated on the potential dangers of driving while on prescription medication. Tons of New Jersey residents take prescribed medications, but certain legally prescribed drugs could affect one’s ability to drive safely. To learn if you could get a DWI for taking a prescribed drug before driving, read this blog or reach out to a Bergen County, New Jersey DUI Lawyer today!

AM I AT RISK OF A DWI IF I DRIVE WHILE ON A PRESCRIBED DRUG?

It is possible to receive a DWI (driving while intoxicated) or DUI (driving under the influence) charge if you take a legally prescribed medication and it affects your ability to drive. Most people think of alcohol when they hear DUI, but both illegal and legal drugs could cause someone to be “under the influence”. This is because intoxication is defined in New Jersey law as the substantial decrease in mental and physical abilities due to alcohol or drugs. If you take a prescription medication that causes certain side effects like drowsiness or blurred vision, you could be at risk of a DWI charge. Common medications that cause these effects include pain relievers, central nervous system depressants, and stimulants.

WHAT SHOULD I DO IF I GET A DUI FOR A PRESCRIPTION MEDICATION?

If a prescription medication causes you to drive unsafely, a police officer could notice and pull you over. Most likely, the officer will assume you’re under the influence of alcohol and perform a breathalyzer and other sobriety tests. Since breathalyzer tests only show alcohol in a person’s system and not drugs, the officer will need to perform a urine or blood test in order to determine what drugs are in your system. If the police officer asks you to participate in a blood or urine test, it’s best to comply rather than refuse. You can legally refuse these tests, but refusal will likely lead to fines and other criminal charges down the line.

It’s important to note that even if a urine or blood test indicates what drugs (legal and illegal) are in your system, these tests are not enough to prove that your prescribed medication was causing you to drive unsafely. Assuming that there wasn’t any indication of alcohol or illegal drugs in the tests, you can only get a DWI charge if a drug recognition expert can prove that the medication was causing your impairment. Some officers choose not to hire a drug recognition expert in some cases.

Have you recently been charged with a DUI for driving while on a prescribed drug? You should speak with an experienced criminal defense lawyer that has your best interests in mind. Contact the Law Office of E. Gregory Cannarozzi today for an initial consultation!

How can you pay your bills after a serious car accident?

It can be stressful to figure out how to pay your bills after being seriously injured in a car accident. After all, your bill collectors likely aren’t going to cut you a break, and your inability to work can leave you short on funds to meet your financial obligations....

Defending against shoplifting allegations

Shoplifting charges can turn an ordinary day of shopping into a life-altering ordeal. Those accused of shoplifting in New Jersey may be feeling overwhelmed, anxious or unsure what the next steps should be. The stakes are high, as your reputation, employment prospects...

Nj Dwi Amendments 2025

Effective, April 3rd, 2025, there was a sea change of law with respect to sentencing and license suspensions under the New Jersey driving while intoxicated statute, namely, N.J. S.A. 39:4-50. Essentially, if the Defendant is a licensed New Jersey driver in good...

Personal injury damages mitigation: What to know

Proving damages in a personal injury case can be more challenging than you think. You’ll probably have to gather documentary evidence that speaks to your pre-accident income, and you may need expert testimony to address your medical condition, your need for ongoing...

If I get bit at a dog park, do I have options?

Dog parks make wonderful places for pets to socialize, but sometimes, accidents happen. If a dog bites you while visiting a park in New Jersey, the state’s laws may allow you to recover damages without proving the owner’s negligence. Strict liability New Jersey...

What happens if I’m injured by a third party at work?

Workplace accidents sometimes trace back to someone other than your direct employer, like a subcontractor’s lapse, a defective machine or a negligent property owner. When that happens, New Jersey workers may be able to combine traditional workers’ compensation...

Legal action after you have been harmed by a defective product

In our daily lives, we are reliant on a wide range of products and goods. For the most part, these products make our lives easier. When they do not function properly, they can cause disruptions in a consumer’s life, ranging from minor inconveniences to severe...

Field sobriety tests are voluntary in New York

Being stopped by police who suspect you are driving while under the influence of alcohol or drugs is often a stressful experience. Even if you tell the police officers you have not been drinking alcohol, you may be asked to step out of your vehicle and perform field...

What is covered under New Jersey workers’ compensation?

Most serious injuries require a set time for treatment and recovery; however, taking time off from work to seek medical care can feel counterproductive. Medical bills can be costly, making it vital that the injured individual continues to work to pay for these and...

Why do drivers fail to see motorcycles?

May is Motorcycle Awareness Month. That means New Jerseyans will see the PSAs reminding everyone to "look twice, save a life," and "share the road." But, even with all the billboards and yard signs, too many catastrophic collisions occur between cars and motorcycles....