More details to this question:
I was prescribed adderal and hydrocodone. I had a prescription for both the adderal. I take the hydrocodone daily for a bad tooth. I received the prescription for it 7 months before. Is that enough to drop a driving under the influence case? At that time, I wasn't drinking and was not offered a breathalyzer but I did refuse to get my blood drawn because I have a fear of needles.
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Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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No, a prescription can help defend a DUI drugs case if the amount measured in your blood is a therapeutic level, but as a pure defense, it won't work. You should contact a DUI lawyer to discuss the facts of your case and the potential outcomes, a DUI drugs carries a more significant suspension and if the drugs were not prescribed at the time of usage, a DUI drugs case may carry a more significant jail sentence.
Answered on Mar 14th, 2013 at 6:44 AM
Michael J. Breczinski
Well they have to show that you were impaired because of the drugs. Even having a prescription is not enough if the drugs impair you.
Answered on Mar 14th, 2013 at 6:43 AM
In Oklahoma, the refusal alone is sufficient to lose the administrative hearing and your license be revoked (though you may seek to obtain a modified license.) As for the rest, that you take prescription strength medicine regularly doesn't tend to preclude the charge of DUI provided the charge is based on drugs and not alcohol. If you have not already done you, you need to retain the services of counsel, or seek to have counsel appointed for you. Appointed counsel is not involved in your DPS matter in OK unless he oo she simply elects to assist you there.
Answered on Mar 13th, 2013 at 3:18 PM
Yes it is. Having a prescription is no defense in a DUI case. And refusal cases are more serious. Its time you consult a DUI specialist.
Answered on Mar 13th, 2013 at 3:17 PM
James Edward Smith
A prescription does not really help.
Answered on Mar 13th, 2013 at 3:17 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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No. The prescription allows you to take the medication. The DUI arises from the fact that the medication impaired your ability to drive. Being able to take medication does not mean you are allowed to drive while impaired, a whole different issue.
Answered on Mar 13th, 2013 at 3:17 PM
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Refusal is evidence that you believed you were guilty, according to Colorado law but, jurys do not like to convict unless there was bad driving and bad roadside tests you may still lose your license for a year at DMV
Answered on Mar 13th, 2013 at 3:16 PM
You need an attorney. A refusal is a one year suspension. Prescription drugs is not a defense to a DUI -but it might be able to be reduced.
Answered on Mar 13th, 2013 at 3:16 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No. A DUI is not limited to alcohol (which by the way is also "legal"). The issue in a DUI is whether or not you were operating a motor vehicle while under the influence of alcohol or drugs. The legality of the alcohol or drugs is irrelevant. In your instance, you are not going to be offered a breath test because, the breath test only measures alcohol. By refusing a blood draw, you may well have lost your license for one year even if you are found not guilty of the DUI. This is what is called the implied consent law it is a privilege to drive not a right. As such, when you receive your drivers license, you give the "implied consent" that if an officer makes a valid stop and has probable cause to believe that you are under the influence and you refuse the test, then the Department of License can suspend your license. My advice: hire an attorney.
Answered on Mar 13th, 2013 at 3:16 PM
The prosecutor will not drop the charge just because you show that you were on a prescription. Operating While Intoxicated occurs when a person drives under the influence of alcohol or a controlled substance. If the drug had an effect on your driving, it was probably a controlled substance. However, proving that you were using a legitimate prescription and not partying and driving could result in a lower charge. If you had to go to trial, a jury of six people might have sympathy for your plight. Of course, your criminal record will play a role in the case. If you have a clean record the prosecutor is more likely to agree to a deal, and a jury is more likely to see you as a good person.
Answered on Mar 13th, 2013 at 3:15 PM