kimbell1
(Board Addict)
10/07/04 10:22 AM
Re: How can LE tell if you are DUI on pain meds?

I wish to thank all that took the time to post. I now that you could do other things with your time than respond to this and any of my threads.

The main things I have learned from this is:

1. The states have similar but different laws. The differences may be significant from one state from the one I live in. For example, until recently in Texas, you could refuse a field test. I think that they could haul you to the station but they basically had no case. That has changed to automatic revocation of your liscense.

2. Personally, I am not sure that refusing to say anything can become a problem. I have been in situations that I have been stopped and I was polite and answered their questions if I did not see any harm. A LE friend said and I have read that the cop that stops you makes the initial decision to let you proceed or hauls you to jail. The situation may be settled on the spot. Lawyering up is best if you might have been weaving down the road adjusting the radio and get stopped. But I have been stopped for going a litle to fast once and the cop said after he let me go with a warning 'was I one anything'. I was honest and said I take medications but have not recently.-which was true.

3. In Texas, it is an automatic revocation of a licence in a recent passed bill (it is ironic that one of the senators on the bill's committee got caught a few months after the bill passed getting charged with DUI after he admitted he had been to a party and had a drink or two-justice is blind, LOL). But the point I want to make is that I have no one to drive me until my day in court. So I am between a rock and hard place. If I was wealthy, I would definitely lawyer up from the start, get an attorney and hire a driver or find a friend or family member until I went to court. But that can take months. So refusing a field test depends on the situation and your income.

5. It is best to medicate when you can stay home or at least medicate before leaving, don't take the medication with you if you can avoid it, and most importantly , know your limits.

6. I think that proving a DUI with a valid prescription is difficult to prosecute and I think that as previously stated, act nice to the cops and be careful in answering their questions and I think you will be ok.

7. As I stated earlier, I like road trips and plan to travel next year while I still can. That will mean taking medication with me. I will remeber what you have posted and be careful but sometimes you HAVE to take you medications.

8. Best thing is drive the speed limit and drive carefully. Know your limits and who many pain killers does it take to get 'buzzed' and avoid taking that many.
And if stopped, learn your own state's law concerning DUI and if you can afford it, hire an hour of an attorney's time to ask questions about this issue. Know as much as you can because knowldege is vital and few consider taking perscription medication a possible DUI. I had been taking pain killers for years until a friend said that they can prosecute even for prescription medications. That had never occurred to me since I thought that I was simply following docotr's orders.

I hope everyone has learned some new information and maybe this thread opened up a few eyes.



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