DUI and Lunesta

[melicamp74]

What is the name of your state (only U.S. law)? TN

I spent the day at home hanging out by myself and drinking yuengling (I started at 12:30 in the afternoon and drank until about 1:00am. I had 9 1/2 of them in that period.)

I had not made any plans to go out, so I took Lunesta to help me sleep through the night and was going to bed when I got a call to go out. I don't go anywhere usually and certainly not so late, but I was so glad to hear from friends I hadn't seen in 3 years that I chose to go, completely forgetting I'd taken the Lunesta.

On my way to meet them, I recalled the Lunesta and decided it'd be best if I went home. When I reached for my phone to call, I ran off the road and wrecked my car. No one else was involved and the only property damage was my own vehicle.

The officer said I didn't do well on the FST and I submitted to a blood test because I'm ignorant on DUI laws and whatever rights I might have had at the time. I was trying to be compliant and was nice to everyone, knowing they have to deal with jerks so much. Not to mention, I get very nervous when I think I'm in trouble for anything.

I'm not concerned about the BAC being high, but I am concerned about the Lunesta. I have tried to determine what drugs Tennessee tests for, and have discovered that Lunesta does not give a positive for barbiturates. However, because I recalled taking it, I did tell the officer about it. I probably shouldn't have, but again, my ignorance and nerves, plus my trying to comply, means I told the truth.

What drugs does Tennessee look for in a tox screen, other than the obvious illegal street drugs? Will they automatically screen for the Lunesta since they are aware of it?

If I can't be charged for the alcohol, and they find none of the drugs they generally look for, even in a 10 panel test, will the charges be dismissed?

This is a first offense. I have no criminal record. I am a war veteran, single mom and full-time student. Will any of that help me?

Also, how long does the initial result take to get back?

Thanks in advance. This is one mistake that will NEVER happen again.

[IsabellaSoriano]

anything you say can and will be used against you in the court of law.

yeah, you admitted to taking a drug. you were under the influence.

i don't see the charges being dismissed this time around.

[FlyingRon]

You've been drinking yourself silly all day long and you then took a drug that warns you not to drive or take if you have been drinking and you drove anyway and had an accident. You failed the FST's and you admitted to the police your impairment. As Issy says, shut up and get the number of a lawyer ready for when the charges get filed. It's going to take some legal work on this. No diversion in TN on DUI.

[dave33]

Why do you say you are not worried about the alcohol? Even if the alcohol test was negative( I cannot see how) you admitted to the drug. In a nutshell if the alcohol was negative and the drug did not show up they can still use your statement against you. Bottom line, if you made no statement you would have been better off. Being nice and cooperative with the police is counter productive. You shot yourself in the foot.