EHT Police Warn Drivers: Prescription Drugs, Marijuana Can Lead to DWI Charges

EGG HARBOR TOWNSHIP — Marijuana may be legal in New Jersey and a medication may have been legally prescribed by a doctor, but Egg Harbor Township police are reminding motorists that neither makes it legal to drive while impaired.

Operations Commander Capt. Cherie Bergen and Traffic Safety Unit Coordinator Sgt. Edward Stearns discussed impaired driving Wednesday during an appearance on The Lorry Young Show on WOND, including what happens when impairment involves something other than alcohol.

Bergen said one of the biggest misconceptions is that DWI is limited to alcohol or illegal drugs.

“It's not limited to marijuana either, and it's not limited to illicit drugs,” Bergen said.

“If someone is under the influence of any kind of impairing substance, they could actually be charged with driving while intoxicated,” she said. “I don't think that a lot of people realize that.”

That can include medication prescribed by a doctor.

“If they have prescribed medication from their doctor, and it says, please use caution or find a ride, depending on how your body reacts to that substance, you may not know,” Bergen said.

Marijuana DWI Carries Serious Consequences

Stearns said New Jersey's legalization of recreational marijuana did not legalize driving while impaired by it.

“Driving under the influence of marijuana still carries the same types of penalties as driving impaired under alcohol,” Stearns said.

A driver suspected of impairment can be arrested and taken to the police station, while the vehicle can be towed and held.

“Your vehicle is going to get towed,” Stearns said. “We hold on to that for at least 12 hours.”

That means the driver can also face towing and storage costs.

“You've got to pay tow fees and storage fees to get that car out later,” Stearns said.

Stearns said motorists convicted of DWI can face additional penalties depending on the circumstances, including driver's license consequences and insurance surcharges.

“For drug impairment, there is still the penalty for at least a seven-month license suspension,” Stearns said. “And that's for a first offense.”

Penalties become more severe for repeat offenses, he said.

“For a second offense, it's about a two- to three-year license suspension,” Stearns said. “For third offenses or greater, it's a 10-year license suspension.”

New Jersey Treats DWI Differently Than Other States

Bergen also highlighted something many New Jersey motorists may not realize: DWI is not classified as a criminal offense in the state.

She said that distinction could affect how seriously some people view the decision to drive after drinking or using an impairing substance.

“Every other state in the country, it's a crime,” Bergen said. “At least the second offense is a crime if the first is not.”

“In New Jersey, people don't look at it the same,” Bergen said.

She compared the public perception with offenses such as shoplifting or theft.

“They don't necessarily think ahead of time about driving while impaired because it's not considered a crime,” Bergen said. “It's looked at differently.”

Bergen said she wants drivers to approach the decision differently.

“They need to look at it like a crime so that they realize, you know, there's rideshare,” she said. “There's so many different options nowadays that the last thing they need to do is get behind the wheel of a car impaired.”

Stearns stressed that New Jersey's classification of DWI does not mean police simply issue a ticket and allow a suspected impaired driver to leave.

“Even though it is not a criminal offense, it is an arrestable traffic offense,” Stearns said.

“If you are driving impaired, be it on drugs, medication, illicit substances, you can and still will be arrested and charged accordingly.”

Police Use Specialized Training to Detect Drug Impairment

Stearns is a certified drug recognition expert and instructor, one of the specialized areas of training he brings to the department's Traffic Safety Unit.

That becomes particularly important in cases where impairment isn't as readily associated with alcohol.

Stearns said serious crash investigations can include field sobriety testing and blood-draw warrants when officers suspect impairment.

Investigators can also examine vehicle data, witness statements and physical evidence to determine what happened and whether criminal charges or traffic citations are appropriate.

Bergen said the bottom line for motorists is straightforward: Legal access to a substance doesn't mean a driver is legally permitted to get behind the wheel after taking it.

Whether it's marijuana, an illicit drug or medication prescribed by a physician, the determining issue is impairment.

“If someone is under the influence of any kind of impairing substance,” Bergen said, “they could actually be charged with driving while intoxicated.”