QUESTION
How can I be charged with DWI when I don't drink a drop and blew .000?
Asked on Nov 23rd, 2012 on DUI/DWI - Michigan
More details to this question:
The county attorney says it could be 8 weeks before getting blood tests back. All they should be testing for is alcohol. They saw my medications in my bag and didn't read my Miranda rights me until after the fact of testing. I have Rheumatoid Arthritis which requires me to take my meds. They said it was ok. I lost my job with no arraignment, this happened last October.
6 ANSWERS
You can. They will treat it as a "drug DUI," which is just as serious as an alcohol DUI. You need to hire a DUI specialist pal.
Answered on Nov 28th, 2012 at 6:54 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Just because you have medications legally prescribed to you for a legitimate issue does not give you a "by" to drive while intoxicated by those medication. You can be prosecuted for be intoxicated by medications.
Answered on Nov 27th, 2012 at 10:11 PM
Gary Moore
You can be charged so long as there is a reasonable suspicion that you have committed an offense.
Answered on Nov 27th, 2012 at 8:34 AM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, you are guilty of DUI if the influence is from alcohol and/or drugs. You should consult with a local attorney as soon as possible in regards to this matter.
Answered on Nov 27th, 2012 at 8:25 AM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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DUI is not only alcohol, it is also driving under the influence of drugs. If your medications cause drowsiness or otherwise impair your driving skills, you could be charged with a DUI. Problem the DA usually has in such cases is proving that the amount of drugs in your system caused you to be impaired.
Answered on Nov 27th, 2012 at 7:31 AM
You can be charged with intoxicated driving for driving under the influence of a drug other than alcohol. Miranda rights come into play when you have made statements. If you were not read your Miranda rights and you confessed to a crime, that confession could be thrown out. But testing is not considered a statement and so this information can still come into court even when you were not read your rights. If I were your attorney I would insist that you get copies of your prescription records to prove that your use of certain drugs was legal and necessary.
Answered on Nov 27th, 2012 at 6:49 AM