by Robert C. Shea, II
Most people know that DUI stands for “Driving Under the Influence,” however, many people don’t realize that you can still be convicted of a DUI while being under the influence of legally prescribed drugs. This misperception comes from the fact that many people believe that a DUI is only based on a person’s blood alcohol concentration (BAC). This is actually not true.
In order to receive a DUI charge, the driver must be both: (1) operating/driving a vehicle; and (2) intoxicated or “under the influence.” According to NJ law, “under the influence” applies to more than alcohol or illegal drugs; it is also applicable to any substance that can cause impairment in a driver, including prescribed or over-the-counter medications.
These requirements lead to two different types of DUI charges: “per se” and “impairment.”
Per Se is a Latin term meaning “in itself” or “by itself.” Consequently, a per se violation of law means that the act itself is inherently illegal, without requiring proof of any surrounding circumstances. Thus, a per se DUI occurs if a driver’s BAC is .08% or higher, without needing any further evidence or proof of impairment.
When an individual has no BAC reading, the police must determine whether the driver is mentally and/or physically impaired. In order to do so, the police will typically request that a driver perform a field sobriety test (FST). The FST is designed to assess balance, coordination, and the ability of the driver to divide his attention to more than one task.
The FST encompasses three (or more) separate tests that include the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand test. Over the course of time, these tests have been scientifically proven to validate the impairment of individuals “under the influence” of alcohol or drugs.
However, the FST does not distinguish between whether a driver is under the influence of illegal drugs or prescription medications. The FST simply determines whether you are mentally and/or physically impaired, and the source of the impairment is not taken into consideration. Therefore, even if the drug/medication you are legally prescribed has resulted in your impairment, you could still be charged with a DUI.
Defenses to impairment DUI charges normally focus on providing innocuous explanations for observations the arresting officer attributed to intoxication. For example, providing evidence of physical disabilities to explain poor FST performance. Or, an appearance of intoxication because of nervousness or mental distress. These defenses, and others, considerably help in the plea-bargaining process, and can be considered mitigating circumstance justifying lenient penalties.
If you, or a loved one, are currently suffering through such a situation, the Law Office of R. C. Shea & Associates can provide the legal knowledge and experience required to defend you against such DUI charges, and seek the outcome that has the least adverse impact on your life.
