Johng,

Once again, this is a fallacy! The LEO must show by way of blood, breath , or urine chemical testing that you are impaired and that is not possible to do unless there is an illegal substace (such as street drugs) or alcohol detected in your system. Like I said before, they can reduce it to a careless driving charge (traffic violation/ticket) and she will pay a 45-75 dollar fine, depending on the state she lives in and that should be the end of it. In that case, it is her word versus the LEO's and you are right, most of the time a judge wil side with an LEO in cases of minor traffic violations, but a DWU or DUI a chemical test MUST show traces of ILLEGAL DRUGS in a persons system in order for her to be CONVICTED of DUI/DWI. Having a prescription does not constitute illegal drug use. I swear I'm not trying to be argumentative wiht you or mislead the origiginal poster, but after 15 years of LE experience (8 of which were in Narcotics and K-9 and 2 degrees in Criminal Justice, I know for a fact that these charges will not fly. HOWEVER, if she had ANY ALCOHOL or ILLEGAL DRUGS in her system at the time and it is revealed on the chemical test she submitted to, then they CAN charge her with DWI instead of DUI which requires a BAC of .08, whereas a DWI only needs to only show a trace of ILLEGAL DRUGS or ALCOHOL to substantiate the charge of DWI.