I was sitting in my car and drank two cans of beers, the cops pulled up, I blew a 0.06 I failed my field test here comes the cuffs while arresting me they find my prescription of ambien in my pocket all of a sudden now Im on my way to the hospital for a blood test. I get the dmv copy of the police report and it only have my bac. which was 0.08 for the dmv. No information on the ambien. Is that a separate report I have to order? If I did take ambien that night and it just happen to show up on blood work how can prosecutor prove you took it that day or night? Or how can they prove you were impaired by it if sitting in the car with no accident no witness no injuries, is there a certain number you have to be above or below on the toxicology like your bac?
DUI / DWI Attorney
You shoud definitely consult with a DUI attorney as it sounds like you have some potential issues. The DMV will not be concerned about the Ambien, only the BAC, if above .08%. Did you get a report of the blood test result, and the Ambien was just not on it? Or did you not receive it at all? If you did not receive it at all yet, you should get a copy at your arraignment, which is the first court date. And, no, as for the Ambien. there is not a certain number you have to be below/above. Call an attorney to assist.
7 lawyers agree
Criminal Defense Attorney
If you want your results you need to tequest a DMV hearing within 10 days of the arrest and I would consult with a criminal attorney in your area to represent you at the DMV and your case if it is filed. You have raised many issues and it is best to review with an attorney. Note that public defenders do not handle DMV hearings.