A month ago I got in a car accident and being charged with a DUI.

Asked 10 months ago - Warner Robins, GA

I am going to court tomorrow morning and thinking of pleading not guilty. I was scheduled for surgery two days after my accident to repair bleeding ulcers and Gerds. 30 days before that my doctor had put me on Xantac because of anxiety of throwing up blood and constantly in and out of the hospital. I was driving that day to get my prescriptions filled from the pharmacy 6 minutes away. On the way back, I blacked out and wrecked my car into a ditch. When I became alert again I was being pulled out of my car and asked to go a sobriety test. I could not walk and impaired. I did take a field test, but do not know the results. I assume I failed. They asked to do the blood test, but I told them my concerns about bleeding, infection, and surgery already in two days. "refusal written"

Additional information

I was never told anything about the laws here. I didn't know not taking the blood test could get me in more trouble. I don't even know what happened that day. I have my medical records to prove I was not in the best shape. I do not know if my blood pressure bottomed out causing the blackout or if it was due to the Xantac. My husband said that whole month I was not right in the head. I had never been on them before and threw them out that day. I didn't even know I was suppose to get a hearing in 10 days. I was in the hospital for 4 then back in the hospital after getting blood clots in my arm from the IV. I am prone to infection and problems afterwards. Couldn't they have done the pee test if I had concerns about blood? I do not want a DUI because "when" I no longer have medical issues I would like to go back to work for DOD. Do I have a fighting chance?

Attorney answers (8)

  1. Kevin Aaron Chastine

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    Answered . It's really a shame that they chose to arrest you under these circumstances. It sounds like you were in no condition to perform field sobriety evaluations, and your medical condition presents a very good defense to the DUI charge. Unfortunately, most prosecutors don't take you seriously if you're not represented. You may qualify for a public defender, though a private attorney will be better able to devote the time that your case deserves. Many lawyers offer payment plans, and pleading guilty could cost you more in the long run. Make some calls (most will talk with you for free), and see if you can work something out with an attorney you trust.

  2. Zachary Walter Procter

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    Contributor Level 15

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    Answered . It sounds like you have a good case to fight. You need to shop around for a good DUI attorney in your area to advise you how to move forward.

  3. Noah Howard Pines

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    Contributor Level 18

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    Answered . What is your question?

  4. John Arnold Steakley

    Contributor Level 18

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    Answered . Sure you have a fighting chance. You should have hired a lawyer a month ago.

  5. Samuel Cohen

    Contributor Level 20

    7

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    Answered . Contact a good DUI attorney who can make your defense for you. Do not try to do this alone.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  6. Dean George Tsourakis

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    Answered . you need to hire an attorney and fight this

  7. Christopher Irvin Simser

    Contributor Level 19

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    Answered . I would pose your questions to a duly admitted attorney.

  8. James Lawrence Yeargan Jr.

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    Contributor Level 20

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    Answered . You have many good facts on your side. Hire a local attorney who is familiar with the court your case is in, and who is also familiar with the judge and prosecutor assigned to your case.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on... more

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