DUI Charge, Ohio, Anxiety Attack

[stevengrc]

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

Hi, I really hope someone can give me some advice on this matter. Friday evening I had reunited with an old friend and we bar hopped to a few places. I have just recently purchased my newer car and it's a stick shift so I wanted to drive safe and not impaired. I've had a DUI (.09 bac) five years ago and ever since then I have been very cautious about driving and drinking any kind. Basically I was pulled over by township officers because I was going 21mph over the legal limit. This is completely my fault obviously but my car is so easy to speed in and i've had three speeding tickets the past three years ever since I'm driving cars now. Regardless, I am stopped and the officer along with two other patrol cars walk up to my vehicle. Immediately since I placed my parking break on and they came up to my car I was starting to have a mild anxiety attack and was scared out of my mind because I'm scared of officers.
The officer asks why I pulled him over and I said because I was speeding and I noticed when I passed him. He then asked how much I had been drinking and then I gave the officer a time frame of 7pm at dinner 1 beer, then a bar I had 2 beers, and finally at another I had three beers up until 1:30am. I told the officer I have had approximately 6 maybe 7 Miller Lites within 6 and a half hours. He tells me to get out of my car, he checks my person, this is when I'm really getting anxious and he tells me he's going to do some tests. First the pen test, then the 9 paces, then the one foot in the air then counting. Right before the pen test or right after I remember telling the officers that I have an anxiety disorder and I'm having an anxiety attack and I need my Xanax so I can calm down and do his tests. They refused and later when I of course failed the tests and I'm shaking, slightly blacking in and out they are making fun of me and ask if I require an ambulance. I yelled yes because thats the only way I could get my medication. They are arresting me and I am so out of it feeling like I'm going to die I even told the officers just give me a breathalyzer, and that I'm not impaired to drive. They refused and there I went to the back of the car. As the officers are making fun of my panic attack I require medical attention and they didn't like that much one bit. Basically from the pull over until I get to the hospital by the EMT this is about 2 1/2 hours of continuous panic/anxiety attacks. The officers tried to force me to consent to a blood draw but told them I do not consent to that and as they were leaving the nurse wanted my blood and told her that i dont consent for it to be released to law enforcement and that she is bound by HIPAA and she stated that the doctor just needs to run blood work to make sure I was okay. They gave me adivan drip IV and after 30 mins of the drip IV I finally calmed down and felt better. apparently my blood pressure was 190/140 I think and they said that was really bad.
Did I do the right things that night? and was I tricked by the hospital for my blood work? I gave strict instructions and didn't give consent to release any of my medical records and/or information or blood.

I'm just scared, I was speeding, and I wouldn't have drove if I were impaired, I could have simply stayed at my friends house if I were. I have my first court hearing on Wed. and I don't have the funds to afford an attorney and just because I has mentally and physically unable to do the tests I feel like I'm going to get this DUI.

Any advice would be great! Thanks

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

 

[cyjeff]

Actually, I don't know of anything you did correctly.

You admitted to speeding.
You said you needed a Xanax to mellow you out enough to do the tests.
You admitted to, what, a 6 pack over the course of the evening?

Now, you are saying that you were so anxious over the course of the tests that you were blacking out?

yes, you need an attorney. Sell your car. You won't be needing it anyway.

 

[stevengrc]

Are you serious? I wasn't impaired and had a beer an hour and was okay until I was pulled over and that's when my anxiety disorder hit me the worst it ever was. I explained to them what was happening to me and I needed my medication. So is the courts just going to not take that into consideration? What happened to innocent until proven guilty?

 

[cyjeff]

Are you serious? I wasn't impaired and had a beer an hour and was okay until I was pulled over and that's when my anxiety disorder hit me the worst it ever was. I explained to them what was happening to me and I needed my medication. So is the courts just going to not take that into consideration? What happened to innocent until proven guilty?

That is why you are going to court.

Let me ask you this... did you take a Xanax for anxiety before you started drinking?

You WERE impaired by something if an officer talking to you made you pass out. There is considerably more to this story.

Did you pass out when you got each of your speeding tickets?

 

[stevengrc]

No, I didn't take my anti-anxiety medication prior to driving nor at all that day. When ever I may get pulled over by an officer or encounter one they always ask why I'm so nervous and breaking out and it's from my anxiety. I can't help it and once I was surrounded by three officers and all with flashlights on me I started to break down and shake involuntarily. I didn't "blackout" so to speak physically, mentally I blank out but surprisingly this occurrence I didn't "blackout" completely. Unfortunately the story is as I said. Pulled over, officers immediately pull me out of the car, I start having anxiety attacks and hyperventilating, and I tell them of my anxiety disorder and that I need my medication. They refused and proceeded to make fun of me because I needed my medication and an ambulance. The EMT required that I go to the hospital and ordered the medication to be retrieved and to the hospital I went. Usually I will be given oral medication as I'm prescribed however, it was so bad that the doctor ordered it to be an IV. It wasn't a fun evening and it wouldn't have been so bad if they officers weren't so hostile, it's one of my triggers. But I'm in college and yes I was speeding, that was my fault but further investigation would have told them that I'm a 23 year old college student thats being honest, corroborative, and just so happens to being going through an attack, plus I live a block or two from where they pulled me over. all of which is irrelevant but i suppose it's the point being I wasn't impaired to not drive and for over two hours I was having an attack and felt like I was going to die. Even in the hospital they were grabbing me and jerking me around in the bed threatening me and I couldn't even breath and barely talk. Thats the story, and thats why I kept breaking down further and further.

 

[cyjeff]

You said...

They refused and later when I of course failed the tests and I'm shaking, slightly blacking in and out

I can only go with what you tell me.

What was your BAC?

 

[stevengrc]

Well of course thats why I said slightly hence how are you supposed to know what I meant. I don't know what my BAC was, I declined all official testing there after the field sobriety tests and once they refused to give me a field breathalyzer. Once at the hospital they were badgering me to take a blood test but I refused at that point and told them to get a warrant. I just wanted them to leave me alone at that point because they were making my condition worse. Once they left and the nurse was about to take my blood she was bound by HIPAA and I made that very clear to her. My luck, even six beers within six or so hours would put me over the limit. I doubt it, but my friend which is a state detective said DO NOT consent to a blood test for the officers. All of which makes me look guilty. This stuff is confusing and just out of this world.

 

[Proserpina]

Well of course thats why I said slightly hence how are you supposed to know what I meant. I don't know what my BAC was, I declined all official testing there after the field sobriety tests and once they refused to give me a field breathalyzer. Once at the hospital they were badgering me to take a blood test but I refused at that point and told them to get a warrant. I just wanted them to leave me alone at that point because they were making my condition worse. Once they left and the nurse was about to take my blood she was bound by HIPAA and I made that very clear to her. My luck, even six beers within six or so hours would put me over the limit. I doubt it, but my friend which is a state detective said DO NOT consent to a blood test for the officers. All of which makes me look guilty. This stuff is confusing and just out of this world.

I think you misunderstand what HIPAA does and does not do...

 

[ENASNI]

If they allowed you the xanax and you tested postive it would totally make their case or actually un-make their case. Do you know what I mean? Driving under the influence would mean under xanax too.

 

[cyjeff]

They do not need a warrant to demand a test of your breath or blood.

Your refusal will cost you your license.

Sell your car, get an attorney.

 

[stevengrc]

Well I called my attorney and I will consult with him and my other attorney as well. However, In Ohio yes they must have my consent to demand such tests. I appreciate your advice but please don't give such negative advice without at least knowing the law behind your advice. I'm not going to sell my car, I will at least be given driving privileges to from work and school this is more or less a standard. But thank you any way.

 

[Proserpina]

Well I called my attorney and I will consult with him and my other attorney as well. However, In Ohio yes they must have my consent to demand such tests. I appreciate your advice but please don't give such negative advice without at least knowing the law behind your advice. I'm not going to sell my car, I will at least be given driving privileges to from work and school this is more or less a standard. But thank you any way.

You have no idea what HIPAA actually is, do you?

And what it does and doesn't not do, in terms of legal protection?

And you're welcome.


(You may also want to consider a different attorney since Ohio CAN COMPEL a blood test against your wishes in certain circumstances..)

 

[cyjeff]

Well I called my attorney and I will consult with him and my other attorney as well. However, In Ohio yes they must have my consent to demand such tests. I appreciate your advice but please don't give such negative advice without at least knowing the law behind your advice. I'm not going to sell my car, I will at least be given driving privileges to from work and school this is more or less a standard. But thank you any way.

You refused the test.

Ohio has implied consent. This means that you agreed to submit to a chemical test when you got behind the wheel.

This carries a one year license suspension.

The fifth appellate district court has further sustained a judge's ability to enhance a sentence based upon the defendant's refusal to submit. You will want to refer your attorney to State of Ohio v. Adam Hill for the decision. This was based upon a breathalyzer, but the you "begged" for that, right... and they refused.

How many times had you refused before you demanded the breathalyzer? How many times had they tried to breath you and you almost blacked out? Further, at that point, they probably thought you were high... which wouldn't have shown up on a BAC, anyway.

The refusal is usually denied the opportunity for a hardship license. This is also not your first DUI. Your penalties will be severe and, again, this counts against the hardship license.

Add in your driving record and your chances are slim.

 

[CdwJava]

However, In Ohio yes they must have my consent to demand such tests. I appreciate your advice but please don't give such negative advice without at least knowing the law behind your advice.

Perhaps you need to read up on it.

Check Ohio Revised Code Section 4511.191(A).

And the Ohio Supreme Court recently affirmed forced blood draws when they reviewed this case:

http://www.supremecourt.ohio.gov/rod/docs/pdf/9/2011/2011-ohio-295.pdf

The USSC has long held that compelled blood draws are Constitutional. States may prohibit them, and agencies may have a policy that prohibits them, but they ARE Constitutional in the United States and in Ohio.

So, what did the BAC come back as?

And you do know that you can be impaired with a BAC of below .08, right?

 

[stevengrc]

Interesting, no the officers never once asked me to submit to a breathalyzer and I thought that was bazaar. As I said they asked me to do the field tests and I tried but as i was hyperventilating and shaking I wasn't able to complete them. Then they said they smelled alcohol on my breath and I am under the influence and that I was under arrest. When they started to hand cuff me thats when I said I'm not impaired to drive and just give me a breathalyzer, thats when they refused. It's a crappy situation and just another reason why I hate this state. Granted, if I were paying attention to my speed none of this would have occurred.