A routine drive in Colts Neck, New Jersey, spiraled into a viral Suboxone DUI arrest after an FBI agent spotted a vehicle swerving dangerously into oncoming traffic.
It wasn’t just the erratic driving that made this case unique. It was the driver’s stunning admission to officers, a breathalyzer reading of 0.00%, and a chaotic sequence of events that left police scrambling to manage childcare for the suspect’s kids.
The incident, which took place on September 27, 2023, highlights a growing misconception: you can still be arrested for DUI even if your drink of choice is a prescription medication.
Here is the complete breakdown of the Jennifer Brennan investigation.
Table of Contents
Watch: Suboxone DUI Arrest Caught on Camera
Note: Pay close attention to the timestamp at 00:19:43. This is the moment the field sobriety test falls apart, as the driver becomes confused by simple instructions to “turn to the left.”
Full Story: How the Incident Unfolded
The chain of events began just after 10:00 AM on a Wednesday morning. An off-duty FBI Special Agent, identified as Silvana Sotillo, was driving on State Highway 34 when she noticed a tan Chevy Impala acting strangely.
According to police reports, the vehicle was failing to maintain its lane and nearly caused a motor vehicle crash. The agent didn’t hesitate. She initiated a traffic stop herself and called the Colts Neck Police Department for backup.
The Police Arrival
Officer Tomaio arrived on the scene to find the driver, Jennifer Brennan, in a concerning state. He immediately noted that she appeared “drowsy,” with droopy eyelids and pinpoint pupils.
There was also a physical sign that something was physically wrong: “white dried saliva around her mouth”.
When Officer Tomaio asked if she needed medical attention, Brennan declined. Instead, she offered a crucial piece of information that would later become the center of the Suboxone DUI arrest.
She admitted she had taken her prescribed Suboxone prior to driving and that it made her feel “woozy”.
The Story Doesn’t Add Up
While the bodycam transcript reveals a late-night timeline (referencing 1:00 AM), the police report confirms the incident occurred around 10:12 AM. This suggests the driver may have been extremely disoriented regarding the time of day, or the bodycam transcript reflects a separate discussion about her prior movements.
During the interview, Brennan’s story shifted rapidly.
- First, she claimed she was coming from “Asbury Lanes”.
- Then, she mentioned dropping a friend at Monmouth University.
- She initially denied drinking, then admitted to a “Vodka Red Bull,” then changed it to a “Shirley Temple”.
Officers quickly realized her timeline was impossible. She claimed she left at 12:00, but the current time in her narrative didn’t match the travel distance.
The Investigation: Conflicting Stories and Field Tests
Suspecting impairment, Officer Tomaio asked Brennan to step out of the vehicle for Standardized Field Sobriety Tests (SFSTs). This is where the situation escalated from a traffic stop to a confirmed Suboxone DUI arrest.
The Horizontal Gaze Nystagmus (HGN)
The first test checks the eyes for involuntary jerking. Officer Tomaio observed “lack of smooth pursuit” and distinct jerking in her eyes (nystagmus), a common indicator of impairment.
The Walk and Turn
The bodycam transcript captures the frustration during the Walk and Turn test.
- Officer: “Did you understand the instructions?”
- Brennan: “And then turn to the left.”
Despite clear demos, Brennan couldn’t maintain the starting position. She fell out of her stance, raised her arms for balance, and took ten steps instead of the required nine. At one point, she even tried to take her boots off, but officers noticed she was wearing them on the wrong feet.
The One Leg Stand
The final test was the breaking point. Brennan failed to keep her balance, repeatedly dropping her foot. Officer Tomaio eventually stopped the test for her own safety, fearing she would fall and injure herself.
The 0.00% Twist
Brennan was arrested and taken to headquarters. Here, the case took a turn.
She agreed to a breathalyzer test. The result? 0.00% BAC.
For many, this sounds like a free pass. But in New Jersey, impairment includes drugs and narcotics. Because her breath was clean but her behavior was erratic, police called in a “Drug Recognition Expert” (DRE) from Middletown Police.
The situation at the station was chaotic. Transcript records show Brennan struggling with nausea, telling officers, “I think the other thing is a little bit more,” referring to vomiting.
An officer explained, “Because you continue to throw up… I have to restart what’s called a 20-minute observation”. This delay is mandatory to ensure mouth alcohol (or vomit) doesn’t mess up the test readings.
Eventually, she provided a urine sample for toxicology testing.
The Arrest: Charges Against Jennifer Brennan
Following the DRE evaluation, police formally charged Brennan. It is important to note that a “DUI” charge covers both alcohol and drugs.
| Charge | Simple Explanation | Potential Penalty (NJ) |
| Driving While Intoxicated (39:4-50) | Operating a vehicle while impaired by drugs or alcohol. | License suspension, fines, potential jail time, and IDRC classes. |
| Reckless Driving (39:4-96) | Driving with “willful or wanton disregard” for safety. | Up to 60 days jail, fines up to $200, and 5 points on license. |
| Failure to Maintain Lane (39:4-88) | Drifting across lane markers or unsafe lane changes. | Fines and 2 points on license. |
In a compassionate move, officers went beyond the arrest duties. Brennan was worried about her two children. Officer Campan stepped in, contacting the Bradley Elementary School and the Kiddie Academy to arrange safe pickups for her kids since their mother was in a holding cell.
Legal Analysis: Was the Suboxone DUI Arrest Justified?
Fourth Amendment Check: The Stop
The initial stop was initiated by an FBI agent, not a patrol officer. However, citizens (and off-duty agents acting as citizens) can report dangerous driving. The agent observed the vehicle “almost causing a motor vehicle crash”. This provides Reasonable Suspicion for the stop.
When Officer Tomaio arrived, his observation of “pinpoint pupils” and “white dried saliva” , combined with Brennan’s admission of feeling “woozy” from medication, escalated the situation to Probable Cause for the DUI investigation.
The “Prescription Defense”
A common misconception is that if a doctor prescribes a drug, you can drive on it. This is false. NJ Statute 39:4-50 prohibits operating a vehicle while under the influence of any narcotic, hallucinogenic, or habit-producing drug.
Brennan’s admission that the Suboxone made her “woozy” is a critical piece of evidence for the prosecution. Even without a BAC reading, the video evidence of her swaying, falling, and confusion supports the state’s case that she was unsafe to drive.
[Read more Evidence Decode investigations here]
5 FAQs that are connected to the charges and circumstances of this case:
Can I be charged with a DUI for taking valid prescription medication?
Yes. In many states, including New Jersey, “intoxication” covers not just alcohol but also narcotic, hallucinogenic, or habit-producing drugs. If a prescribed medication (like Suboxone, Xanax, or sleep aids) impairs your ability to operate a vehicle safely, you can face the same DUI charges and penalties as someone who was drinking alcohol.
What happens if my breathalyzer result is 0.00% but I fail the Field Sobriety Tests?
A 0.00% BAC only proves you haven’t consumed alcohol; it does not rule out drug impairment. If you blow a 0.00% but officers observe signs of impairment (like swaying, slurred speech, or constricted pupils), they will typically call in a Drug Recognition Expert (DRE) to evaluate you. If the DRE determines you are under the influence of drugs, you will still be charged with DUI.
Are Field Sobriety Tests (like the Walk and Turn) mandatory?
In many jurisdictions, including New Jersey, you technically have the right to refuse the physical Field Sobriety Tests (like the One Leg Stand or Walk and Turn) without the same automatic penalties that apply to refusing a breathalyzer. However, refusing them can still be used as evidence against you in court to show “consciousness of guilt,” and the officer can still arrest you based on other observations (erratic driving, appearance, admissions).
What is “John’s Law” and how does it affect my vehicle after an arrest?
“John’s Law” is a specific New Jersey statute mentioned in this report. It grants police the authority to impound the vehicle of a driver arrested for DUI for a minimum of 12 hours. The law is designed to prevent the accused driver from potentially accessing their vehicle and driving again while still impaired, even if they are released from custody quickly.
What happens to my children if I am arrested for DUI while they are at school?
If a custodial parent is arrested and cannot pick up their children, police officers act under a “community caretaking” function. As seen in this case, officers will attempt to contact the other parent or emergency contacts listed by the school. If no suitable guardian can be found, the state’s Child Protective Services (CPS) or Division of Child Protection and Permanency (DCPP) may be contacted to take temporary emergency custody of the children.
Conclusion & Current Status
Jennifer Brennan was processed and eventually released into the custody of Jose Rodriguez, who signed a liability form to drive her home. Her vehicle was impounded under “John’s Law,” which mandates a 12-hour hold on vehicles involved in DUI stops.
She is currently pending a mandatory court appearance at the Colts Neck Municipal Court. This Suboxone DUI arrest serves as a stark warning: 0.00% alcohol does not mean you are free to go.
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Disclaimer: All suspects are presumed innocent until proven guilty in a court of law. This report is based on official police records from incident 23CN11747.
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