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New Jersey "Synergistic Effects" DWI

By Lependorf & Silverstein

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...continue to full post

Full post as published by New Jersey Criminal Defense Blog on January 02, 2009 (boomark / email).