I blew all 000 on the breathalyzer at 10:15am. I was arrested at 9:10am and had a beer in a half. I told the cop I took one xanax 1 mg 2 hours ago. He did a urine test at 11:31am. He didn't read me my Miranda rights until 11:56am. I have aspergers/Autism spectrum disorder Harrington rods and a speech impediment a bad combination for "impairment". I went to court. Judge said its unusual for police not to corporate. It has to be resolved in 90 days or they have to get a subpena for FST and urine analysis. What are the chances of xanax showing up in the urine test? I have a script for them. The police did not have probable cause to stop me. They stopped me based on an anonymous tip made by coworkers that I was "driving impaired". What are the chances of the DUI getting dropped?
The cop all so lied in the report. He said I told him I took 2 xanax and that I took to much. My prescription bottle says take once twice daily by mouth as needed. I did not tell the cop I took 2 xanax and that I took to much. The coworkers filed false statements said that I was carrying a case of beer out at 7:30am and proceeded to consume an open container. That is two hours of drinking in my opinion. So I apparently went back to the store to buy another case of beer at 8:45am so according to coworkers I all ready drank that "one case of beer" in an hour and 45 minutes. I should have blown something other than all 000. What can I do about them filing a false statement? I didn't actually buy a case of beer until 8:45am I was arrested at 9:10am. I was charged with DUI Alcohol or Drugs.
DUI / DWI Attorney
You should not be posting specific information like this in my opinion. You need to consult with local criminal defense attorneys who can discuss your case and the specifics.
That stated, Impairment can be proven merely on prescribed medication and it would be important to see the detail of the fst report and video if one exists. With your admissions I doubt the state will dismiss the case unless the fst's were all done without issue. You will need to let a jury decide.
Best of luck.
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8 lawyers agree
Criminal Defense Attorney
I agree with my colleague. Additionally, it is very rare for DUIs to just be dropped. I have several blog articles regarding your situation of DUIs based on legal, prescribed medications on my website. Good luck.
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5 lawyers agree
Criminal Defense Attorney
Chances of getting this dropped on your own approach zero. Mistaken police reports are common. They hear what they want to hear, put it in the report, and that is what they swear to in court.
You need a lawyer now. Note that you can lose your license even if it is dropped. See that lawyer.
Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.
That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.
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3 lawyers agree
Criminal Defense Attorney
I would consult with an experienced lawyer and discuss all of the relevant facts with him/her. Clearly you did not have alcohol in your system. However, the State could still prosecute you if you can prove that the Xanax or some other controlled substance caused you to be "impaired". Have a script, even if lawfully prescribed is not a basis to get a DUI dropped. YOur other medical conditions may help to explain your "behavior" that day. Discuss the matter with a lawyer.
4 lawyers agree