I was arrested on dui charges and being under the influence of a controlled substance

Asked over 3 years ago - Brawley, CA

i was pulled over and asked to step out of the car then the officer grabbed my hand and checked my blood pressure "he did not ask" is this legal
2 . i was asked by the officer if i was taking any medications i said no, ultimatley i was arrested and was told that i could not refuse the chemical test
is this legal?
3rd and last question my wife later reminded me that i had taking nyquil earlier that day and taking benadryl that morning can this be a reason for me to test positive on the chemical test?

Attorney answers (3)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . Here's the bottom lime: you're absolutely going to need an attorney to represent you.

    Can Nyquil and Benadryl cause you to "test positive"? Yes, but only for the substances in them. They do not contain controlled substances, so assuming that's all you ingested, the lab test will come back negative for controlled substances and the under the influence charge won't be an issue.

    Will you be charged with DUI? That's another story. You can be charged with DUI if you are driving under the influence of drugs (illegal, prescription or over the counter) if your driving was impaired by whatever substance you ingested.

    Your attorney can analyze this scenario, including the search issue when they checked your physical symptoms and advise you from there.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . You can be charged for DUI even if no alcohol is in your system. Taking nyquil and and benadryl might make you impaired enough to charge you with 23152(a) VC. Despite the fact that they are over the counter medications, you cannot drive if they impair your ability.

    You need an attorney to deal with this. Get one ASAP!

    Legal disclaimer: You can learn more about me by clicking on my Avvo profile. Disclaimer: Please note that this... more
  3. Chad Raymond Maddox

    Pro

    Contributor Level 12

    Answered . 1. No.
    2. Yes.
    3. Yes.
    You might have traces of the medications in your system. Most crime labs will test for the presence of these susbtances, not the amount. Once they have a positive test, they will prosecute. It will be up to you and your attorney to get part of the blood sample retested by your own lab to test for the amount, so you can show it was not enough to impair your ability to drive. Get an experienced DUI attorney immediately.

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