Low dose perscriptions like 1 mg. and 20 mg. is the highest. have been taking these scripts for 17 yrs. , searched my car without asking and no dog. , was not read miranda rights at all. Did blood work and still waiting on results for that . What are my legal rights in the state of Colorado?
You can be charged with DUID - driving under the influence of drugs - even if you were taking prescription drugs, if the drugs are the type that would impair your ability to drive your vehicle safely. That is why so many bottles have that warning on them. You need to hire a criminal defense attorney in your area now, not later. Unless you were in custody and they were interrogating you, you did not need to have your Miranda rights read to you. That is a common misperception.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
You need to hire a local DUI defense attorney. Yes, you can be charged with DUI in Colorado if the prescription drugs are causing impairment or rendering you substantially incapable of operating a motor vehicle safely. As Mr. Leroi pointed out, the requirements surrounding Miranda are often misunderstood by most and you have no requirement to Miranda unless you are in custodial arrest and also being questioned upon being detained. Did they search your vehicle subject to towing? if so, they are doing an "inventory" search. Bottom line is that you need competent representation to assist you.
The Orr Law Firm, L.L.C - 303-818-2448 - Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian Orr is the senior partner and owner of the firm and focuses his practice exclusively to DUI and criminal traffic matters in the state of Colorado. His decision to answer your questions does not constitute an attorney/client relationship. The Orr Law Firm offers FREE Consultations and we encourage that you contact his firm to discuss your case in more detail.
You have all the rights of the criminally accused -- the right to counsel, the right to a presumption of innocence, the right to make the government call witnesses against you to prove their case beyond a reasonable doubt, the right to stand silent at trial, etc. What you need to ask yourself is what drug are you taking that created thoughts in a police officer's mind you were somehow either impaired to the slightest degree or, even worse, substantially incapable of operating a motor vehicle safely.
DUID is something that the precludes. usually, drug recognition experts show up to investigate such situations, so when you sit down with a criminal defense attorney to plot out strategy, make sure you share any details that your recall about the investigation.
Good luck to you.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
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