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DUI from prescription medz

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hogard

Junior Member
What is the name of your state? NEVADA STATE

About a month ago I was out with my friends and I had two long island ice teas and two beers spaced over a period of 4 hours. Last hour I was just drinking watter. I got in my car and in the course of the driving bent down to pick up my cell phone when I looked up and saw that the car in front of me had suddenly stopped. Had a small fender bender but the other driver called the police. Once the police arrived they asked what happen and told me to step out of the car. Now It was obvious that by this point the officer had already made up his mind that I was DUI since he made a statement along the lines of (well you guys get drunk and they you cause accidence's like this). He asked me what I had to drink I said very little, and then he asked my if I was on any prescription medications I told him that my doc prescribed some sleeping pills from me but that I haven't use them today. He had me blow a breathalizer and my BAC was 0.067 (Under the limit), then he had me do the walk the line and stand on one leg, and the horizontal pen gaze test, which by the way had me repeat about 3 or 4 times. Now I am pretty sure that I failed the walk straight test and stand on one leg due to the fact I had an inner ear infection with vertigo at the time (now I stupidly didn't say anything to the officer). They arrested my and took me to the stations where I waited about at just under 3 hours (Accident happened at 3:46 am blood was drawn at 6:38 am) I had already hired a lawyer but the feedback I get from him is basically don't worry, well see when we get the blood test results back. Worst case scenarious you plea bargin and get reckless driving ticket etc.... My question is if my BAC at 3:30 was .067 in the breathalizer what will it be in the station 3 hours later. Also how good of a case do I have, should I plea bargin or fight the case??
 


Ohiogal

Queen Bee
If your lawyer knows DUIs you should listen to your lawyer. You drank and drove. Your title is misleading as you said you hadn't taken the sleeping pills at that point. You caused an accident after drinking. Do you realize how lucky you are? I can guess the answer to that is no. And you have several excuses as to why it happened -- none of which involve you taking responsibility. Even under the per se limit your driving is impaired.
 

FlyingRon

Senior Member
.08 is only the per se limit in Nevada. Being below that (and in fact you "missed it by 'that much'" as Maxwell Smart would say and your overall impaired state from the combination of pills (almost certainly warned you about the side effects in todays age) and heavy drinking. I suspect you were indeed over .08 when stopped anyhow.

You need a lawyer. This is not a slam dunk in your favor.
 

paguy88

Member
I could be wrong on this but I believe they have 2 hours to take the blood from you....

atleast in PA they do...

I would look into how long they have to draw the blood in Nevada.
 

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