QUESTION
If I showed evidence that drinking a bottle of beer is prescribed to me by my doctor, will the police drop my DUI?
Asked on Mar 11th, 2013 on DUI/DWI - Georgia
More details to this question:
I was prescribed to take one bottle of beer daily as medication. I have been cited for driving under the influence because of this before. I was cited at Illinois for driving under the influence for the eight times. I have hospital records about having to take a bottle of beer daily as medication. If I show this to the police, will they drop the DUI charge?
10 ANSWERS
James Edward Smith
Not a good defense.
Answered on Mar 14th, 2013 at 5:27 AM
3 Awards
No - DUI is about being under the influence while driving it has nothing to do with your doctor but, if you only had one beer, you probably are not DUI.
Answered on Mar 13th, 2013 at 1:02 AM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
No. You can be charged with the crime of DUI even if taking prescribed medication. The issue is whether or not you were operating a motor vehicle while under the influence. Whether it is a prescription or not is immaterial. The fact that you have been charged 8 times already, indicates to me that you have a substantial problem and should never be driving. With that kind of DUI history, I am surprised that you have npot been charged with a felony DUI.
Answered on Mar 12th, 2013 at 12:00 PM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
I ahve never heard of a doctor prescribing beer to anyone before and even if they did, that doesn't give you a free pass for driving while intoxicated . Just as if a doctor prescribes you medicine that may make you drowsy or otherwise affect your reflexes or motor skills and therefore you cannot drive while taking them if it impairs your ability to safely drive a car, likewise you cannot drive a car while intoxicated from beer simply because a doctor tells you to drink it. The roads still have to be safe for everyone to drive on.
Answered on Mar 12th, 2013 at 11:59 AM
Estate Planning Attorney serving Provo, UT
at
Randy M. Lish, Attorney at Law
Update Your Profile
The problem is not that you drank the beer, the problem is that you drank the beer, and then drove a car while intoxicated. The doctor's prescription does not say that this is ok. Also, one bottle of beer will not raise your BAC to the level that it is illegal to drive.
Answered on Mar 12th, 2013 at 11:59 AM
Michael J. Breczinski
One bottle of beer should not impair you. However if it does then you can get convicted. Just because something is prescribed does not give you a license to drive if it impairs you.
Answered on Mar 12th, 2013 at 11:58 AM
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
Update Your Profile
The police can only arrest, and prosecute, you for driving with a blood alcohol concentration of .08 or above, a single, 12 ounce bottle of beer should not generate a .08 or above. Many forensic toxicologists use .025 as the blood alcohol concentration added by a 12 ounce beer. If you only drank one beer and your blood alcohol concentration was over .08 you should speak to a physician as this is not normal and be indicative of a serious health issue.
Answered on Mar 12th, 2013 at 11:58 AM
In a word, no. For what its worth, its one of the more inventive notions I have heard.
Answered on Mar 12th, 2013 at 11:58 AM
Alcohol and even prescription drugs are subject to DUI laws in Georgia. In other words, being lawfully prescribed to consume or take medication is not a defense to DUI.
Answered on Mar 12th, 2013 at 11:57 AM
Absolutely not. Its common sense. There are people out there, terminally ill, who are prescribed morphine. Do you think these folks would be allowed to drive while heavily sedated on morphine? You need to hire a DUI specialist my friend.
Answered on Mar 12th, 2013 at 11:57 AM