DWI Under the Influence of Drugs
New Jersey DWI Lawyer Available to Defend You 24/7
It is possible that you may have been charged with driving while intoxicated
or driving under the influence based on the allegation that you ingested
a controlled dangerous substance (CDS) or prescription medicine. These
cases are handled differently by the state and raise a number of unique
defenses that may assist your case. Work with our team at the Law Offices
of Christopher L. Baxter for dedicated and results-oriented advocacy.
If you have been arrested for a DWI/DUI, discuss your case in a free
Even if you are taking
PRESCRIPTION DRUGS from your doctor, if the police and the prosecutor feel that the prescription
impaired your ability to drive and can present evidence of this impairment,
you can be convicted of DWI based on this evidence. The prosecutor, however,
must show the scientific reliability of the evidence before the state
can sustain a conviction.
In many DWI cases involving
CONTROLLED DANGEROUS SUBSTANCES or prescription drugs, the police may have made an error by failing to
have a drug recognition expert ("DRE") available to evaluate
your symptoms and relate the symptoms to the use or ingestion of any CDS
or prescription drugs found during your arrest. Moreover, if you did not
admit ingestion of a controlled dangerous substance or prescription drugs
and none are found during your traffic stop, your defense may be enhanced.
Blood and Urine Samples
Generally, in order for the state to prove a DWI/DUI violation for ingestion
of a CDS or prescription drugs, they must show that you are "impaired"
and that there is some evidence of the CDS or prescription drug in your
system. The officer will have your blood or urine tested to determine
if there were any drugs or medication in your system.
Once the officer decides to draw blood or take a urine specimen from you,
there are evidential, scientific, and procedural hurdles that the state
must overcome in order to have the blood or urine lab results admitted
Blood and urine samples in DWI / DUI cases must follow legal procedures,
The state to actually bring the lab technicians to court to testify.
WRITTEN LAB RESULTS ARE NOT ENOUGH.
- The state must present any medical personnel who drew your blood or took
your urine sample.
- The state must prove chain of custody through live testimony.
New Jersey DWI lawyer can fight to keep improperly presented evidence from being utilized.
Fight Your Charges with Our Former Prosecutor
Our firm has studied the drug recognition evaluation program and is familiar
with all current case law regarding DUI and DWI cases involving the use
of blood and/or urine evidence in determining impairment. You may have
defenses of which you may not be aware.
If you have been charged with a DWI or DUI for driving under the influence
of prescription drugs or a controlled dangerous substance, it is in your
best interest to hire an aggressive, knowledgeable attorney who may present
forensic defenses and assist you in effectively defending your case. Our
lawyer is also a former prosecutor with
more than two decades of legal experience.
Schedule a free case review by calling 856-235-9881.