New Jersey "Synergistic Effects" DWI
In the State of New Jersey, an individual can be charged with a DWI if there is a consumption of legally prescribed or illegal drugs and alcohol which, together, produces a synergistic effect. This is the case even if the impact of either the drugs or alcohol, alone, would not render the defendant intoxicated. In the 1952 New Jersey case of State v. Glynn, the defendant had taken the prescription drug Benadryl and consumed alcohol. The alcohol consumption on its own would not have rendered the defendant over the legal limit, however, the synergistic effect of the alcohol together with the medicine did render the defendant intoxicated and the defendant was convicted of a New Jersey DWI.
When the combined effect of a drug and alcohol impacts a defendant’s mental and physical condition so as to give the appearance of intoxication, officers will usually arrest and charge with driving under the influence. Typically, alcohol breath tests will produce a low BAC level that does not match a defendant’s behavior. Police will then attempt to obtain blood and/or urine samples from the defendant to attempt to determine the presence of legally prescribed or illegal drugs. Most defendants find it hard to believe that you can be taking legally prescribed medication, have a few drinks, and be charged with a DWI. If this has happened to you, please contact an experienced DWI attorney in New Jersey at the law firm of Lependorf & Silverstein, P.C. There are defenses to this type of a charge. Contact the DWI lawyers at Lependorf & Silverstein, P.C. and let our experience with DWI cases go to work for you.
