My friend was at his neighbors house when his car rolled into the neighbors truck. No one was in the vehicles, but long story short my friend got convicted of a dui (this will be his 3rd) after blowing a .0009
He goes to the doctor regularly, and gets prescription narcotics, but he gets tested regularly to make sure he stays within his prescription levels. Is a .0009 a dui?
A .09 is but not .0009.
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I think you probably are confused about the numbers. According to the blood alcohol charts (which are not exact, but give a frame of reference) a person weighing 240 and having 1 beer gives a BAC of .014. If you are lighter than that, it is even higher. Assuming that he is 240 pounds-then he well less than drank 1/100th of a beer. I think there may be some confusion regarding the BAC.
Michael L. Doyle
Convicted or arrested? .0009 (if even possible to register that) is not a crime. .09 is. If he has charges pending against him he should get an attorney ASAP.
There may be some math confusion here. Although the blood alcohol level necessary for presumption of intoxication is colloquially referred to as ".08" it is actually .08 percent. To express a percent as a number, move the decimal point two spaces to the left. For example, 50 percent can be expressed as .50. Thus if the result was not expressed as a percent, but as a number, .0009 would be equivalent to .09 percent, which is above the presumptive level for intoxication.
Assuming that your recitation of a .0009 BAC is correct, the officers may have been relying on the fact that your brother was taking some type of narcotic to arrest him for DWI, not that he was drunk. Under LA law, a person can be arrested and convicted for DWI if the person was under the influence of some controlled dangerous substance (e.g.- a prescription for some type of narcotic).
Yet, LA law also provides an affirmative defense for people who a taking controlled dangerous substances in accordance with their legally valid prescriptions. However, it is much harder to rely on this affirmative defense than you think because several prescriptions for controlled dangerous substances provide a warning in the "fine print" that you should not operate heavy machinery or a motor vehicle while taking this medication. Thus, even though your friend may have believed that he was taking his medication in accordance with his doctor's instructions, he may, in fact, have not.
It is also noteworthy that doctors greatly fear civil liablity arising out of such circumstances, and, as such, it is difficult to get them to assist you such defenses. I've handled a few similar cases where I initially beleived that my client had a valid affirmative defense. However, in each case, the doctor would ultimately produce some paper work, indicating that the client was instructed not to drive a motor vehicle while taking the prescribed narcotic.
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