Effects of Certain Medical Treatments on DUI Prosecution
- August 19, 2013
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Driving under the influence is illegal no matter whether the driver is under the influence of heroin or something prescribed to them by a doctor. Many people get behind the wheel of a car daily while taking under treatment for drug addiction. These drivers are under the mistaken belief that, because they are receiving legally acceptable medical treatments, they are immune from prosecution for consequences stemming from the treatments. Although these drivers may not be under the influence of the drug on which they are dependent, they are still under the influence for the purposes of driving in the event the methadone treatments they are receiving are seriously impacting their ability to drive. Methadone may cause hallucination, low blood pressure, blurred vision and other negative side effects which would impact an individual’s ability to drive. Although the under the influence component in such an offense would not be intentional, anyone making this mistake could still be found guilty of DUI based only on their impairment. This a long standing principle of law in NJ and was considered by the NJ Supreme Court in State v. Tamburro in 1975. DUI in NJ is a very serious matter with long lasting consequences including hefty fines, loss of driving privileges, possible loss of professional licenses and inability to obtain certain jobs or entry into certain educational institutions. A conviction for driving while intoxicated cannot be expunged and will remain on your record forever. If you are facing charges for DWI you should contact an experienced DWI attorney immediately to protect your rights. For more information on DUI, DWI, controlled dangerous substances (CDS) in a motor vehicle or other serious motor vehicle offenses visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.