DWI Under the Influence of Drugs
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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 case evaluation.
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 into evidence.
Blood and urine samples in DWI / DUI cases must follow legal procedures, including:
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.
Our 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.
Aggressive Defense
Regardless of the Circumstances
As a 2015 Clients’ Choice award recipient with a *10.0 Superb Avvo Rating, Attorney Baxter has demonstrated his ability to secure favorable outcomes on behalf of our clients, no matter how complex the situation may be. Although you may be worried about what the future holds, you do not have to work through this time on your own. We stand ready to relentlessly defend you from your initial consultation until the resolution of your case.
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