I am getting charged with a Drug DUI with a blood result .20mg oxycottin. How would this be handled differently from Alcohol.

Asked over 1 year ago - Burien, WA

I got pulled over because the officer said I was going 59 in a 50 when I had my car set on cruse control? He makes a brief statement saying that my thinking process is slow, so he asks me to do a sobriety test and didn't do so good I guess cause it was freezing and made me take my heels off so I was barefoot. What the officer also didn't consider was I have Mental Problems for my slow thinking and slow learner. I get handcuffed and put in the back of the police car, He didn't give me a evaluation and takes me straight to the hospital to draw my blood. After he was going to let me go he decides to keep me because I have a baby father who was on Washingtons Most Wanted. I get questioned about his where a bout and they told me I would go to jail if I don't tell. But never had a option.

Attorney answers (5)

  1. Vitaliy Kertchen

    Pro

    Contributor Level 16

    9

    Lawyers agree

    Answered . With alcohol, there is a presumption limit of .08. With a blood test due to drugs, there is no presumptive limit, which means you have more leeway to argue your case. The State will have to prove beyond a reasonable doubt that your ability to operate a motor vehicle was affected.

    Hire a lawyer immediately.

  2. James J White

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . Are you prescribed oxy? Was that a regular dose of oxy for you? Why dis the Officer stop you? Consult with a DUI lawyer as soon as you are able.

  3. Damian Salomon Mendez

    Contributor Level 6

    4

    Lawyers agree

    Answered . The DUI would not be different. You may have several defenses based on the facts that you are indicating. You should call a DUI lawyer. Most of us have a free initial consultation.

  4. James C Forslund

    Contributor Level 19

    5

    Lawyers agree

    Answered . It will not be handled differently than alcohol, if WA law is similar to CO. Impairment is the issue whether by drugs or alcohol.

  5. Patrick Owen Earl

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Contact a local attorney and he/she will help you. You live a long ways from me so I know you can find an experienced criminal defense attorney from there. Good Luck

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