I did drugs three days before i got into a wreck and now they want to charge me for a dui causeing injury can they do that?

Asked over 1 year ago - Channelview, TX

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Well I took a xanax three days before I was in a wreck and they checked my blood for alchol and I was below the legal limit so now the court says that they are sending it for drug testing. I know it will come back dirty but not from anything I did the day of the wreck. I have never had nothing more than a small traffic ticket so this would be my first offense I am scared and I have a lot to lose !!!! Can you please let me know if they can charge me for a DUI for something I did three days before and how do they know when I did it and how can they say the wreck was caused becasue of that? The insurance company told me that the person had no serious injurys and it was nothing more than an ambulance ride. This is in Texas

Attorney answers (4)

  1. Contributor Level 14

    11

    Lawyers agree

    Answered February 14, 2012 16:46. My first piece of advice is to stop posting online information that could possibly incriminate you. My second piece of advice is to contact a criminal defense attorney ASAP.

  2. Pro

    Contributor Level 17

    9

    Lawyers agree

    Answered February 14, 2012 17:28. I agree with my learned counsel- do not post anything that could be construed as an admission. The answer is that all the state has to prove is that you: (1) operated a motor vehicle; (2) on a public street; (3) while you were intoxicated. Intoxicated means not having the "normal" use of your mental or physical faculties. Go get a criminal defense attorney to counsel you. Avvo has a listing of criminal defense attorneys who can assist you. Some have a free consultation.

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  3. Pro

    Contributor Level 9

    8

    Lawyers agree

    Answered February 14, 2012 19:51. I echo my colleagues' concerns, above. I am concerned for you in that the state has information that may ultimately cause problems for your situation; that may be the testimony of an expert regarding your toxicology and the effects of the drug(s) on your ability to safely/properly operate a motor vehicle. I know that in your mind the prior incident of taking the Xanax is "unrelated" to the later incident of being involved in the motor vehicle accident, but your impression or conclusion may not carry the day here. An expert might render an opinion that contests your "admission" that it was three days prior. The expert might say "more like the day of." Your admission is a concern in that they will run with it if you make it. You need counsel. Please get counsel, and let your counsel do the talking from here on out. Best wishes.

  4. Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered February 14, 2012 21:03. I don't know what was in your system. If you are charged with anything, you would want to retain a local criminal lawyer to defend the charges.

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