QUESTION
Can I get charged with a DUI if I failed the field test due to a disability?
Asked on Dec 29th, 2012 on Criminal Law - Michigan
More details to this question:
I was given DUI due to failed road test. I couldn't stand on one leg only due to disability.
I have 4 chronic illnesses and can not perform the field test and I had been taking my medications for 6 yrs, I checked all the bottles none say don't operate machinary. It says use caution until you know how it affects you.
I take my meds the way I am suppose to and there is no way to prove I was under the influence except the field test which I can not perform bc of my fibromyalgia which I explained.
Also I was told that the paperwork is out dated an doesn't refer to control substances. Is this true?
8 ANSWERS
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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They can charge you but the disability is definitely part of the story that you should tell.
Answered on Jan 09th, 2013 at 1:09 PM
Michael J. Breczinski
You want to get an attorney and fight the matter.? Get witnesses as to your disability and what the medications you take are.? Also get people that can testify as to your driving while under the medications.
Answered on Jan 09th, 2013 at 7:35 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case an) advise you of your option).
Answered on Jan 09th, 2013 at 7:04 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You need to hire a lawyer who can point these issues out to a jury. A jury will have to decide whether it is your disabilities that caused you to perform less than perfectly on the tests, or the alcohol.
Answered on Jan 09th, 2013 at 4:20 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I cannot tell you what paperwork says if I don't have it in front of me to read. It is unlawful in Wisconsin to drive if your driving is impaired by alcohol or any controlled substance. This probably extends even to the use of prescribed medications in accordance with the prescription. That is, you should know that the medicine impairs your driving, and avoid driving while it's in your system. That being said, you might try best through a lawyer to have the case dismissed for lack of 'probable cause,' because of your disability. But this is likely to work only if you told the officer about the disability.
Answered on Jan 08th, 2013 at 8:28 AM
Everyone fails FSTs. They're designed for everyone to fail. That's why the smart thing is to refuse them. You need to hire a DUI specialist if you want any chance of beating the case.
Answered on Jan 08th, 2013 at 7:36 AM
Criminal Attorney serving Cheyenne, WY
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Law Office of Scott Powers
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To properly answer this question it would be helpful to know the state the incident occurred; that being said if the breath test shows no alcohol and the urine or blood test show only the meds that you are prescribed then you have a defensible case.
Answered on Jan 08th, 2013 at 7:27 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It appears that you may have a defense, however I would need significant additional details prior to the time that I would offer an opinion. I would suggest you seek legal counsel immediately.
Answered on Jan 08th, 2013 at 7:25 AM