I GOT A DUI FOR DRIVING ON XANAX , MY LEVELS WERE BELOW A THER APUTIC LEVEL. THE PRESCRIPTION SAYS DONT DRIVE UNTIL U NO EFFECT?
3 attorney answers
First of all, you need a lawyer. Any evidence that was obtained illegally will be suppressed. If what you describe is actually the way things happened, the state may have no blood test to used against you. It is a not a defense to driving under the influence that the drugs were prescribed or that you were taking them as prescribed.
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They don't need a blood draw if it was an emergency situation where your blood was drawn for medical purposes.
I am licensed attorney in Washington and California who focuses Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
Hire an experience criminal defense attorney to help you if you are charged with a DUI, this is the only way to ensure that your rights are protected and fight this. Good Luck