I was arrested for DWI but no trace of alcohol was found but a small amount of adderoll was found can they change my charge to a DUI will it be dropped the arresting officer would not give me a breathalyzer when I ask for one but made me sign for a blood test to be done
DWI is not specific to alcohol. Adderal is an amphetamine capable of causing intoxication. In the context of this law, "Intoxicated" means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.
That said, Adderal is used to treat ADHD in children and we don't send kids to school "intoxicated" so, depending on the evidence, this could be a good case to fight, especially if you can afford a decent attorney and a medical expert witness.
This is not legal advice. Avvo Q&A does not establish an attorney-client relationship.
DWI can be proven by proving (beyond a reasonable doubt) that someone did not have the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body. This includes adderall, even if you had a prescription. Hire a lawyer. Good luck.
Any information provided by Attorney Tristan LeGrande is NOT Legal Advice and does NOT establish an attorney-client relationship. Any answer to a question or other information provided in any form is for informational purposes only. If you need legal advice, counsel, or representation, take appropriate steps to contact an attorney directly by phone or e-mail.
The state has to prove beyond a reasonable doubt that you lost the normal use of your mental and or physical faculties by the introduction of one or all of the things the other lawyers listed above. I agree with there responses.
That being said, most people taking Adderal are going to have heightened senses and be more focused.
A more focused driver should have a good looking video.
You may have an excellent case for trial.
You need to have an attorney that regularly practices intoxication crimes carefully evaluate your case.
A proper evaluation will focus on:
i) reason for the traffic stop;
ii) whether or not field sobriety testing was properly instructed;
iii) your performance on the field sobriety tests;
iv) whether or not your blood was lawfully obtained;
v) any constitutional violations that can be used to suppress evidence from being used against you.
I hope your situation turns out well for you.
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