Skip to main content

My husband got a dui citation to go to court on 2/20/13; he swerved to hit a deer; he is only on pain meds and was charged w/dui

Mccomb, MS |

help me to know what to expect in court; figured we would get copy of pain meds at drug store; thanks for the help please!

Attorney Answers 3


  1. Under Mississippi law, he can be charged with DUI even if those medications are prescribed by a physician if the medications impaired his ability to safely operate a motor vehicle.

    First, you must understand that there is help available. Consult with several DUI Defense attorneys. In particular, you will want to find an attorney who understands the medical aspects of DUI. Second, you will want to make sure your attorney focuses his practice in the area of DUI, not merely as a collateral to criminal defense, but as a true focus. Third, you should find an attorney who is willing to invest the time an energy in your case to help you achieve the best possible result.


  2. Your husband needs a dui defense lawyer, now. Under the Influence includes impaired by prescription drugs.

    If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.

    Thank you.

    --- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin
    http://addbalance.com

    --- Facebook Page
    http://www.facebook.com/CriminalDefenseMadTown

    --- Talking to the Police - Advice from Lawyers and Police
    http://addbalance.com/police.htm

    --- Miranda Rights (and Wrongs)
    http://addbalance.com/miranda_rights.htm

    DISCLAIMER:

    Confidential information should not be disclosed in this Internet forum.

    I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

    If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

    Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

    This AVVO Answer is provided for general educational purposes only.

    Click on the “more” link below for more important information about the answer and AVVO.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.


  3. Under Mississippi law, your husband was likely charged with DUI "Other Substance" and/or DUI "Controlled Substance." Either way, he stands accused of an extremely serious misdemeanor offense, and he stands to lose his driving privileges for a minimum of 90 days, face up to 2 days of jail, up to $1,000 in a fine plus court costs, mandatory first offender DUI classes, mandatory permanent criminal record (a DUI cannot be expunged!), SR-22 insurance, driver's license reinstatement fees, supervised probation, among other things.

    You might ask, "can this be pled down to careless driving," and in Mississippi, the answer is "NO!" If the court date on 02/20/2013 is your husband's first appearance, then it will be his "arraignment" in which an attorney can enter a plea of NOT GUILTY for him. This can usually be accomplished without him having to personally appear.

    I, along with my colleagues in our law office, handle an alarming number of these DUI "Other Substance" and DUI "Controlled Substance" cases every year. It seems the numbers grow from year to year, as well. Most often, our clients are charged with DUI after having allegedly ingested medications for which they have lawful prescriptions. For example, Lorcet, Xanax, Lexapro, and Ambien are just a few of the common ones that come to mind. The simple fact that a person has a prescription is NOT, by itself, enough to clear you from criminal prosecution, conviction, and harsh sentencing. These cases are often based upon circumstantial evidence of impairment, but the right attorney can discover the truth, and ways to pick apart the allegations that can potentially lead to a "guilty" verdict if not handled the right way.

    Your best course of action is this: CONSULT WITH AN EXPERIENCED AND QUALIFIED DUI DEFENSE ATTORNEY AS SOON AS POSSIBLE!

    Do NOT underestimate the seriousness of this situation. The consequences can be devastating if the right steps aren't taken.

    Lance O. Mixon
    Attorney at Law
    Carmody, Stewart & Mixon
    Mississippi DUI Defense Attorneys
    Phone: (601) 948-4444
    Web: www.mississippidui.com

    This communication is for informational purposes only, and does not establish any attorney-client relationship, pursuant to the applicable Mississippi Rules of Professional Conduct. Further, the information contained in this answer is not to be considered or taken as legal advice, and does not substitute proper, competent legal advice and representation from a licensed attorney for a legal matter.

Traffic tickets topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics