DUI Defender

In New Jersey, the Appellate Division of the Superior Court has upheld the conviction of a man arrested for DUI despite the fact that he did not have any pharmacologically active substance in his system. Essentially, the man was prosecuted for driving while hungover. While he may be prosecuted for speeding, weaving or other vehicle code violation, he was definitely not driving under the influence. This leads to other scenarios where person “under the influence” may be arrested and taken for testing. If a person was woozy from Claritin, would they be prosecuted for DUI? What if a police officer mearly suspected a person was recovering from drug use, would he have the legal right to place them under arrest for DUI and demand a chemical test? Where will it end?

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