The officer asked me if i drank or took anything & I was honest. I did not have a single drink, but I took 2x .5 mg of kolonipin approx. 2 hours prior. I am currently prescribed to take up to 3 a day. I gave him the medication (which he never gave back to me), and he then put me in hand cuffs and took me to jail.
In Virginia, any "intoxicant" can result in a DWI. As the other attorneys pointed out, even legally prescribed medications. One relevant question may be, how long have you been taking this medication? Don't answer here, but find a lawyer and explain everything. Whether or not an officer needs to conduct a field sobriety test depends on many other factors, which in the totality, amounts to (or does not amount to) probable cause to arrest. When an officer asks a driver to take a field sobriety test, he or she typically does not have enough probable cause at that point, and is hoping the driver will either affirm his/her suspicion by failing the tests, or satisfy the officer by passing the tests.
There are 4 elements that need to be proven to convict you for driving under the influence of drugs. You need to consult with qualified criminal defense attorneys in VA. for these specifics. I can only assume you took a blood test and an analysis of that will be conducted by the lab. The DA will than make a decision whether to prosecute or not. You may have been legally taking your prescription but it can be illegal to drive while under the influence of it. You admitted to taking the drug so I strongly recommend you get the advice of counsel ASAP. If you can't afford counsel ask the court at your first court appearance (arraignment). Don't take any deals until you talk to an attorney. Good luck, hope this was helpful?
Mr. Marek is correct, you will have a prescription medication defense to this charge. The officer doesn't necessarily have to conduct field sobriety testing but the officer does need enough information to have probable cause that you are impaired by a controlled substance before he can take you in for testing and arrest you. You will need a very skilled DUI defense attorney to represent you on this charge to get the best possible result. Use this website to find a few excellent candidates, then take the time to call a few (including Mr. Marek) and get someone retained ASAP.
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