TLM2
(Newbie)
10/04/04 06:07 PM
Re: How can LE tell if you are DUI on pain meds?

Quote:

Let me give you some legal advise.
If driving impaired due to alcohol or legally-prescribed medication, you do the following (recognizing you will be videotaped both at the scene and the police station)......nevertheless, if you have any chance at defense in the courthouse you must do this:

* " I respectfully decline to take a field sobriety, urine analysis, blood test, and breath test."

Conclusive results on any of those tests leave your attorney with absolutely NO defense.
It is true in most states that such refusal will initiate some version of license suspension, but that will be restored if you successfully defend yourself in front of the judge. The only evidence LE can produce without clinical test results is their subjective testimony, and your demeanor on the video. With decent counsel, you at least have a chance (ususally a very good chance) of prevailing, or getting a much reduced offense.

With adverse clinical results, you have NO chance at the courthouse.

And don't let police officers recite a bunch of implications to your declination....they are not attorneys........be respectful, but decline.

I don't encourage anyone to operate a motor vehicle while impaired.....just giving you the best remedy available should the situation unfortunately occur....and it can happen after a couple of glasses of wine at a dinner party.




This is excellent advice. It is the same advice my attorney gave me long ago.



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