Perhaps you were charged with a DWI and you didn’t have a drop of alcohol in your body. This is quite possible since you can be charged with driving under the influence of a drug in New Jersey. And it doesn’t have to be an illegal drug either. (A person can be charged with DWI simply by taking their prescribed medication and driving a vehicle.)
But to be convicted, the State must prove that the drug you took impacted your ability to safely operate a motor vehicle. To do this, the State will ask you for a urine or blood sample for testing. Then a police officer who is a Drug Recognition Evaluator (DRE) will ask you to perform additional testing back at the station. They are trying to draw a link between the drug you may have in your system and your ability to safely operate a vehicle.
There are several problems with this method. The urine or blood sample test result will only determine IF you had a drug in your system, it WILL NOT determine how much of it is still in you. This is an issue because some drugs will still be found in your system long after their affects have worn off. And the DRE is performing scientific testing on you when he or she has had roughly 144 hours of training. Pharmacologists who perform the same task (determining the effects of drugs on the human body) have at least 7 YEARS of training and they find it difficult to do.
This becomes very important when you have an overzealous cop looking to make a bust on very little evidence. He may be more inclined to “recognize” symptoms or signs that aren’t really present.
If you have been charged with a Drug DWI, you will want an attorney who has tried these types of cases, has advanced training in blood and urine testing and who is familiar with the 12 steps of the Drug Recognition Evaluation. Stephen Lukach has had extensive training for drug-related DWI cases please contact him if you need an experienced drug dwi lawyer.