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If I was told I was free to go, can i still be convicted of a dui for the same incident?
Anonymous7 views4 answers
i was pulled over for dui, then told i was free to go. they are charging me anyways. i tested positive for midway point levels of prescribed xanax and prozac. both are prescribed. no alcohol involved.
The short answer is yes. Most people that are charged with DUI are release by the police and then summoned to court at a later date to face the charges. Also, the fact that you may have possessed a valid prescription to take the medication is not a defense to the charges. You should contact an experienced criminal defense attorney as soon as possible.
Yes, you can still be charged and convicted of DUI, even if the police let you go and told you that you were free to go. In fact, I have had clients that were charged several MONTHS after the initial detainment when lab results finally came in.
Most people believe that they must be charged then and there for anything to happen...but the truth is that with most DUI's that do not involve alcohol, many jurisdictions are choosing to wait to make the charging decision until the lab results come back.
Finally, being at the mid-point levels will not save you from these charges either. The prosecutor is likely to try to argue that while those may be mid-point levels, they could still have effected your ability to drive. And the law says that all that must happen is that your ability to drive "is effected to ANY appreciable degree." I wish you sincere good luck.
DUI charges can be filed up to two years from the date of the incident. In blood draw cases its not uncommon to be arraigned months or even a year later. This is usually due to the backlog at the toxicology lab that tests the blood and the prosecutor's office that reviews the reports and charges the crime.
A valid prescription is not a defense to DUI. If your ability to drive was impaired by the drugs you can be convicted of DUI. Xanax and Prozac can be an issue depending on the level in your system and your tolerance level.
The state will likely offer testimony from the officer and a state toxicologist that suggests you were significantly impaired. You should retain a DUI attorney that (1) is familiar with using doctors to combat the evidence the state will offer against you and (2) that has experience fighting the complicated scientific evidence blood draw cases.