You may indeed by charged with a DUI depending upon the blood test results and the Troopers observations of you while operating the vehicle and after the stop. The fact that you have prescriptions for the medications in your blood does not mean you can't be charged since validly prescribed medication at therapeutic dosages may place you in violation of the statute. If you are charged you will receive a Criminal Summons by mail with a copy of the charges and instructions to appear for a preliminary hearing. There may also be a Fingerprint Order in that mailing directing you to appear for fingerprinting if it was not done during the time you were in custody. I would at least start talking to qualified criminal defense attorneys in your area who are experienced in handling DUI's. Most here offer free, if limited, consultations. Take advantage of that to speak privately with one or more lawyers to gain some insights into your situation and to begin the process of interviewing candidates for the job of representing you should charges be filed. In my end of the state (western) State Police blood test results may take several weeks to be completed. Attorneys in your area should be able to give you an idea of how long it takes in your region. Good luck.
85 in a 35 I don't see how they can just let you walk. On the other hand, if you took a breathalyzer and nothing came up, that is proof you were not DUI.
I would have a attorney just to check the courts in the area to make sure nothing was filed against you, with out serving you. Could save you a unneeded arrest.
Do a lot of praying that the cop doesn't issue tickets against you!
This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court first. Good luck:)
In Pennsylvania, a person can be charged with DUI if drugs of any kind are found in your system which caused the individual to be under the influence to a degree that rendered them incapable of safely driving on the road. Depending on your blood results and the opinions made, you may be charged. In that event, a criminal complaint will be mailed to you. You will then need an experienced criminal defense attorney to represent you. There will be options for you to explore to avoid a conviction.
They are testing your blood for the presence of drugs, which may include over-the-counter drugs and legally prescribed medication. You can expect something in the mail, yes.
Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.
That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.
If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
--- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
--- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
--- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
--- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
Confidential information should not be disclosed in this Internet forum.
I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
This AVVO Answer is provided for general educational purposes only.
See “more” link below for more important information about this answer and AVVO.
Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
Your case is surely on hold pending your lab test results. Typically, the police will send the blood to the lab and wait for the results before proceeding. If your blood alcohol level comes back higher than 0.80 percent, you will likely receive a criminal complaint in the mail with notification of your first hearing (the preliminary hearing). With respect to whether you should hire a lawyer now, you may want to consider doing so if you believe that your blood alcohol level is likely higher than 0.80 percent (it doesn't take many drinks to get to that level). Certainly you could begin the process of interviewing lawyers so that you are prepared to hire someone if it becomes necessary. Good luck.
You will likely receive a criminal summons in the mail depending on the chemical analysis of your blood. The DUI would be a criminal offense and the speeding charge would be added onto the criminal case. I think you should consult with an attorney at your earliest convenience to know what will likely happen with your case. Please feel free to call me at (215) 639-4400.
The above is a general answer but should not be considered specific legal advice for your case. If you would like to discuss the particular problem you are facing, please contact Geoffrey Hood, Esquire at (215) 639-4400
The blood that you gave will be sent to a lab for testing. When the police get back the blood results, they will decide, based on the results, whether or not they will charge you. If they decide to charge you, you will receive paperwork in the mail. The first court date you will have will be your preliminary hearing. You will want to have an attorney with you at that time.
Because blood was drawn there may be a delay in the filing of charges until the blood test results are received by the State Police from the lab. At the present time PSP are not using breath test devices in PA. If you don't hear anything for 4-5 months you can begin to breath easily. You should contact a lawyer now.
DUI DUI defense DUI traffic stop Admissibility of standardized field sobriety tests DUI as a criminal offense Testing blood alcohol level DUI preliminary hearing Field sobriety test for DUI Breathalyzer test for DUI Blood test for DUI DUI trial DUI charges DUI arrest DUI and driver's license penalties DUI and civil lawsuits DUI and employment consequences Driving under the influence of drugs Criminal defense Civil penalties for DUI Criminal charges Crimes against society Criminal charges for murder Defenses for criminal charges Criminal arrest Criminal court Admissible evidence in criminal cases Employment Violent crime Discrimination in the workplace Moving violations Speeding tickets Lawsuits and disputes Discrimination
Sign up to receive a 3-part series of useful information and legal advice about DUIs.