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Charged with 2nd DUI, not intoxicated
Anonymous2 views3 answers
I got charged with a 1st DUI last year after having a fender-bender. I am on rx medication for chronic pain, oxycontin, when I told the police officer I hadn't been drinking and was only on rx med, he went nuts when I said oxycontin. I refused the blood test, ended up pleading an alford. Then a few months ago, I got into an argument with a guy, after I left he called the police and told them I was drinking and snorting pills out of a bag. The police pulled me over, my BAC was zero, he tore my car apart looking for pills and alcohol, found none He said I failed the field sobriety test because I didn't count loud enough, therefore didnt' follow directions and that I couldn't keep my balance, which I couldn't because of my injury and chronic pain.I am fighting it because the call was bogus
You can be charged and convicted of driving under the influence of prescription drugs. That said, there are a number of challenges to your case that will require a skilled lawyer familiar with these types of cases. Some states require that the prosecutor show you were under the influence and were driving impaierd by the drug(s). This is difficult to prove. . Other states require a showing that metabolites of the drug were present. You need a lawyer familiar with defending this type of case. Additionally, you may have a challenge to the constitutionality of the stop, if your rights were violated, your case may get thrown out if all the evidence is suppressed.
The charge of DUI is not limited to just alcohol. It is very common for citizens to be charged with a DUI for "being under the influence" of a prescription drug. However, it is far more difficult for an officer to determine impairment based on drug use than it is based on alcohol. One reason for that, is that drug use is part of the more advanced police officer training provided to them through NHTSA ie. such programs as ARIDE and DRE. If your officer is not properly educated, it becomes difficult for the government to prove that you are in fact impaired. A true DRE evaluation is 12 steps in length, and goes far beyond the standardized field sobriety testing that you discuss in your question. Without a complete DRE evaluation, the government will likely have difficulty meeting the burden of proof. Finally, it is important to determine who the officer stopped your vehicle, as an essential part of every DUI investigation is the vehicle in motion (meaning: did you weave, were you disobeying other traffic laws) and why the officer elected to pull you over in the first place.
