QUESTION
Do I have a fighting chance fighting DUI for my prescription?
Asked on Jan 12th, 2013 on DUI/DWI - Utah
More details to this question:
I was rear-ended while at a dead stop waiting to turn. Next thing I know I’m talking to an ambulance, just kind of shook from what just happened. The cop then tells me I looked to be on something. No field sobriety test and sent to the police barracks where they did nothing but play games with me, straight harassment then doing all kinds of goofy field sobriety tests. Then they decided to send me for blood work well as I already told them I was prescribed methadone and kolonopin. I only took my legal dosage of both prescriptions. Is this DUI really going to stick?
6 ANSWERS
Michael J. Breczinski
If the prescriptions were not enough to impair you then the answer is no. Get a lawyer.
Answered on Jan 17th, 2013 at 10:54 PM
Driving under the influence of a controlled substance can result in a charge of operating while intoxicated. To convict you the prosecutor must prove beyond a reasonable doubt that you were intoxicated at the time that you were driving. From what you have said, your case gives an attorney more room to fight than the typical case.
Answered on Jan 16th, 2013 at 1:36 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If you were intoxicated, even on legally prescribed medications, then you can be convicted of DWI. It is not a defense that you only took the dosage allowed; you cannot drive while intoxicated.
Answered on Jan 16th, 2013 at 1:36 PM
Not unless you have a DUI specialist to represent you in court. Drug DUIs are quite defensible, because the concentration level is hard to prove. But by yourself you are just a sitting duck for the prosecutor. And remember that drug DUIs are just as serious as alcohol DUIs, as they have the same legal consequences.
Answered on Jan 16th, 2013 at 1:34 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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You will probably be charged with operating a motor vehicle with the presence of a controlled substance. If there is any amount of a controlled substance in your blood, you could be convicted. Where were you arrested?
Answered on Jan 16th, 2013 at 1:34 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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A DUI charge can be related to prescription medication if your driving was impaired, but overzealous cops and prosecutors go after people like yourself just because you had medication in your system. Where someone else caused the crash, a lawyer should be able to defeat this DUI charge.
Answered on Jan 16th, 2013 at 1:33 PM