QUESTION
Could I get the DUI charge dropped if the pills the police found were my prescription?
Asked on Mar 14th, 2013 on DUI/DWI - Michigan
More details to this question:
I was not drinking when I got pulled over but I had pills in my pill keeper that were my prescriptions. The officer told me I had to get a blood test which I have a fear of needles so I refused since it wasn't for drinking. Could I get the driving under the influence dropped?
11 ANSWERS
Michael J. Breczinski
Driving under the influence includes prescription medication. Even taken as prescribed, some medicine makes it impossible to drive safely.
Answered on Mar 19th, 2013 at 12:17 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Potentially yes. Call qualified DUI counsel.
Answered on Mar 15th, 2013 at 12:46 PM
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Driving Under the Influence chargers includes both drugs (prescription and illegal) and alcohol. It is not a defense to a DUI in Colorado that you had a prescription for the substance. If the officer had probable cause to believe that you were DUI of a prescription drug, you must consent to a blood or urine test. Failure to provide a test could result in a suspension of your Colorado license for a year. Depending on the facts of your case, you may have other defenses available to you.
Answered on Mar 15th, 2013 at 6:20 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. Driving under the influence does not just include alcohol and/or illegal drugs. You can be convicted of a DUI even if the drugs you took are medication prescribed by your doctor. 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 and advise you of your options.
Answered on Mar 15th, 2013 at 6:14 AM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Were you impaired because of the pills? The prescription allows you to take the pills, not drive while under their influence.
Answered on Mar 14th, 2013 at 8:19 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If you were arrested for driving under the influence of drugs and failed to provide a sample of your blood you are likely facing prosecution for DUI with the refusal enhancement. You can be prosecuted for driving under the influence of drugs even if the drugs are prescribed and your blood tested at the clinically/therapeutic level. A DUI defense attorney may be able to help you with this particular situation.
Answered on Mar 14th, 2013 at 8:14 PM
Geoffrey MacLaren Yaryan
There must be evidence that the prescription drugs impaired your ability to drive safely before any charges would be filed. If there was evidence you could not drive safely because of the prescription drugs, then the fact that they were prescription would not make any difference as far as a DUI is concerned.
Answered on Mar 14th, 2013 at 8:11 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can still get a DUI for operating under the influence of medicine even if it is prescribed and you were taking it exactly as you were supposed to. Medicine does sometimes affect our mobility and reflexes thus making it unsafe to operate a car which is why some medicines tell you not to drive or operate machinery when taking. Under the Implied Consent laws they can make you take a chemical test such as a blood draw or you will lost your license. What is different about these types of cases is what the prosecution has to prove. There is no magic .08 blood alcohol content with these cases. Instead they have to prove that the medicine "substantially impaired your ability to safely drive a motor vehicle." Whatever that means. It's rather vague and thus this is often the most difficult DUI case for a prosecutor to prove. But, just because it's difficult doesn't mean it's impossible. Don't take the risk and try doing it alone. Too much is at stake and these types of cases are far too complex. Retain a good experienced DUI attorney in your area.
Answered on Mar 14th, 2013 at 7:38 PM
No. Having a prescription doesn't give you the legal right to drive while intoxicated. If you have a prescription, do it at home, not while driving.
Answered on Mar 14th, 2013 at 2:37 PM
In OK, refusal of testing is grounds for administrative license revocation in addition to any criminal charges. If you do not have counsel at this time, you should obtain counsel, and sooner is better than later. As for having a prescription, legally having access to the pills doesn't preclude a finding of driving under the influence of the pills.
Answered on Mar 14th, 2013 at 2:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need a great deal more facts in order to give you a valid opinion. Depending upon the prescription, and your actions driving, it is possible to be found guilty of the DUI regardless of the fact that the reason for the diminished capacity was a prescription medication.
Answered on Mar 14th, 2013 at 2:37 PM