{"id":5019,"date":"2025-05-21T15:54:04","date_gmt":"2025-05-21T15:54:04","guid":{"rendered":"https:\/\/aielloharris.com\/?p=5019"},"modified":"2025-07-21T16:35:05","modified_gmt":"2025-07-21T16:35:05","slug":"escenarios-comunes-que-resultan-en-cargos-por-conducir-bajo-los-efectos-de-drogas-dui","status":"publish","type":"post","link":"https:\/\/aielloharris.com\/es\/common-scenarios-resulting-in-drug-related-dui-charges\/","title":{"rendered":"Escenarios comunes que resultan en cargos por DUI relacionados con drogas"},"content":{"rendered":"
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Entrevistador: <\/strong>What\u2019s the most common scenario when it comes to a drug-related DUI?<\/p>\n\n\n\n

James Abate<\/a>: The most common scenario is the use of prescription medication, legal prescription medication while having a drink of alcohol. It can come down to taking your Seroquel or your depressants, mood-stabilizing medications, and all of a sudden, you have a drink with it. Now, the medication probably says on the bottle, \u201cDo not take with alcohol.\u201d If you do take alcohol with it then the officer can possibly find you to be intoxicated.<\/p>\n\n\n\n

It\u2019s a complicated process, but they can use that combination of prescription medication and alcohol to find you conducir bajo los efectos del alcohol o las drogas<\/a>, and the penalties are very similar to DWI, even though you\u2019re taking nothing illegal, you\u2019re not drunk, you\u2019re just having bad luck, I guess.<\/p>\n\n\n\n

Common Types Of Prescription Medications Which Lead To DUI Charges<\/h2>\n\n\n\n

Entrevistador:<\/strong> What are the most common types of prescription medications that you\u2019ve seen? What\u2019s the reason behind it, too?<\/p>\n\n\n\n

James Abate:<\/strong> The reason is they don\u2019t want people driving while they\u2019re impaired due to a medication or due to a combination of medication and alcohol. The way that it is proved is also kind of complex and not every police department is set up to prosecute this kind of case. The first thing that has to happen is the person who performs the evaluation at the scene that this person is impaired, has to be what\u2019s called a drug recognition expert or a DRE.<\/p>\n\n\n\n

The Tests That Show Alcohol Impairment Are Not Factually Backed Up To Show The Same Impairment From Drugs<\/h2>\n\n\n\n

A DRE is pretty much junk science as far as many lawyers are concerned. It\u2019s not based on anything scientific. It\u2019s just the various police departments have gotten together and decided that they\u2019re going to say, okay, this is what you look for to determine that someone is impaired by drugs. That\u2019s because the tests that show alcohol impairment are not factually backed up to show the same impairment from drugs.<\/p>\n\n\n\n

A police officer can act as a lay witness to determine that someone is intoxicated from marijuana but for anything out of marijuana or alcohol, they\u2019re not usually equipped to testify. So, they have to be a drug recognition expert in order to make that first step. Then the second step is going to be that the drug-recognition expert has to perform either a blood or urine test.<\/p>\n\n\n\n

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Estudio de caso<\/p>\n\n\n\n

Desestimaci\u00f3n de DWI por concentraci\u00f3n de alcohol en sangre (BAC)<\/h2>\n\n\n\n

Los abogados defensores de DWI en Aiello, Harris, Abate, Law Group PC comparecieron recientemente ante el Tribunal Municipal de Chatham Township. El acusado fue acusado de DWI (conducir ebrio) en violaci\u00f3n de N.J.S.A. 39:4-50, conducci\u00f3n imprudente en violaci\u00f3n de N.J.S.A. 39:4-96, no mantenerse en su carril en violaci\u00f3n de N.J.S.A. 39:4-88a, posesi\u00f3n de un recipiente de alcohol abierto en violaci\u00f3n de N.J.S.A. 39:4-51B, y mantenimiento de luces en violaci\u00f3n de N.J.S.A. 39:3-66.<\/p>\n\n\n\n

\nLeer caso de estudio<\/a>\n\n\n\nVer todos los estudios de casos de DWI \/ DUI<\/a>\n<\/div>\n<\/div>\n\n\n<\/div>\n<\/div><\/div>\n<\/div>\n<\/div>\n\n\n\n

The Presence Of Drug Metabolites In Your System Can Result In A DUI Conviction<\/h2>\n\n\n\n

As a result of the blood or urine test, if there are metabolites in your system of a drug and the drug recognition expert feels that you did not perform satisfactorily, then you can be convicted based on that. Now, the metabolites in your bloodstream or in your urine could be there from 20 days ago. So, you may not have actually taken your medication that day and the police with the drug-recognition expert can go ahead and say, \u201cNope. You had it in your system. You failed the DRE test,\u201d which is junk science, of course, and convict you on that basis.<\/p>\n\n\n\n

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Recursos sobre conducci\u00f3n bajo los efectos de drogas (DUID)<\/h3>\n\n\n\n