DUI Drug Charges vs Alcohol Charges: Understanding the Difference

New Jersey has a strict DUI law (Driving Under the Influence) where the legal limit for blood alcohol content (BAC) is typically 0.08%. This law applies not just to alcohol, but also to drugs (prescription or illegal) and any medication that could impair your driving judgment or reflexes. Driving under the influence is dangerous and can have serious consequences, including losing your license, jail time, and in some cases, it can even be a felony offense.

The Law Office of Matthew V. Portella, LLC, with its deep commitment to providing comprehensive defense strategies, can advise you of your rights and help you navigate complex DUI cases.

The Distinction Between Alcohol DWI and Drug DUI

What is the difference between a DWI (driving while intoxicated) offense and a DUI (driving under the influence) offense? A DWI specifically refers to impairment caused by alcohol, often proven with a breathalyzer test that gives a clear BAC level.

A DUI (Driving Under the Influence) applies to impairment caused by alcohol, drugs, or even fatigue. Since there’s no simple test for drugs, a DUI relies on the officer’s judgment of your impairment through observations like slurred speech or poor coordination.

This distinction is important because the defense has more opportunity to challenge a DUI charge. With a DWI and a BAC reading, the defense needs to argue against the specific number. With a DUI, the defense can focus on challenging the officer’s observations and judgment of your impairment, rather than a concrete BAC level.

Unlike alcohol DUIs, drugs are harder to detect. Breathalyzers can’t identify it, so officers rely on:

• Traffic Violations: If you’re pulled over for speeding, weaving, or erratic driving, the officer might suspect drug use.
• Physical Signs: Bloodshot eyes, slurred speech, and clumsy movements can indicate impairment.
• Field Sobriety Tests: They may be used, but drug recognition experts (DREs) are often called for further evaluation.

Challenging a Drug DUI: How Lawyers Fight the Charges

Lawyers can argue that the initial traffic stop might not have been justified. Maybe a faulty taillight or a minor lane change triggered the stop, not necessarily erratic driving.

Physical symptoms can be caused by various factors like fatigue, allergies, or certain medications. A DUI attorney can introduce medical evidence or witness testimonies to support this argument.

Also, field sobriety tests are not designed specifically for drug intoxication and can be unreliable. Attorneys can highlight factors like poor lighting, uneven surfaces, or pre-existing medical conditions that might have impacted your performance.

DUI attorneys can also delve into the officer’s training in recognizing drug intoxication. Whether the officer was properly certified or followed proper protocols during the stop.

Blood and urine tests can detect drug presence, but they don’t necessarily prove impairment. DUI lawyers can argue that the amount of drugs found doesn’t indicate your ability to drive safely. They can also challenge the validity of the test results due to:

• Improper collection procedures like unhygienic techniques or faulty equipment.
• Mishandling of samples during transport or storage.
• Potential errors at the testing lab

Unique Legal Considerations for DUI Drug Charges

While blood and urine tests can detect drug presence, as mentioned earlier, they don’t necessarily prove impairment. The amount of drugs found doesn’t always indicate your ability to drive safely.

This opens the door to several unique legal considerations when defending against DUI drug charges. These include the legal status of the drug in question (prescription, over-the-counter, or illegal substances), the absence of standardized impairment levels, and potential medical defenses related to prescribed usage.

Discuss Your Drug DUI Case with Matthew V. Portella

Need Help with a DUI or DWI in New Jersey? For over 30 years, the DUI attorney at the Law Office of Matthew V. Portella, LLC has defended drivers facing DUI and DWI charges.

He  challenges test results, explore medical defenses, and handle legal complexities specific to drug DUIs. Contact us today for a free and confidential consultation.