This is my 2nd DUI offense. My car drifted into the car in front of me causing minor damage at a stop light. The police were called and gave me a sobriety test of which they said I failed. I was on my way to the dentist, and I hadnt slept for 3 days because of a bad toothache. I was taken to the police station for a blood sample considering I wasnt intoxicated, and the blood samples taken were all within the normal range. Can I fight this 2nd DUI offense considering it was prescription medication and lack of sleep?
Yes. An experienced DUI Attorney can help.
Assuming you are charged with Section 3802(d)(2), there are a number of defenses available. In particular, because you were taking a prescribed medication. To be assured of the best possible result, make sure you hire an attorney with the knowledge, training, and experience to handle complex cases.
My firm has a Legal Nurse Consultant on staff for exactly this purpose. For more information about DUI Law and the questions you may consider asking a DUI Defense Attorney, please click the link titled FREE DUI LEGAL GUIDE.
Because the potential penalty is 90 days in jail, makes sure you have the right attorney by your side.
F. Dean Morgan, Esquire
Yes you can fight this, depending on the actual blood results. If you are prescribed medication, you can be DUI if you are in excess of the "therapeutic range." What that means is that it is not a DUI if the correct amount was taken.
You should consult with an experienced local attorney
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