What is the name of your state (only U.S. law)? Oklahoma
My story is this.. My 16 yr old son whom didn't have a license at the time due to the fact he had just turned 16, decided to get high on xanax with his friends. When my son came home I could tell he was on something but wasn't sure what. My husband his dad is a Paramedic and once home and aware of the situation looked my son over and finally came to the conclusion he had taken a lot of xanax and my son in his slured words agreed. We put our son to bed after a few hours of watching over him he seemed to be sleeping very well or so we thought. Any way we decide it was safe for us to go to bed little did we know it wasn't our son snuck out of house stole my car in the middle of the night, and decided him and his friends were going to run away as we were being unfair parents. While his not so smart self was attempting to drive thank god an officer saw him swerve and pulled him over. He was arrested my car impounded and he was taken to the E.R. as they assumed he had been drinking. Once I arrived at the E.R. the officers informed me there was no presence of alcohol in the car or on my son however he was under the influence of something and did I have a clue as to what might be going on. I informed them of the earlier events and advised them his dad being a paramedic knew exactly what our son had taken. They told me they needed to do a blood test to prove what I was saying was true and I informed them there was no need beings I had taken the pills from my son and my husband had already identified them to be xanax, and that I was well aware of what my son was under the influence of so they need not waste any more of my hard earned money. The arresting officers ask my son do you concent to a blood test and my son nowhere close to being in his right state of mind and being clueless as to what they were even asking him said F you. They come to me and ask me again, and I say well since we know what he is on there is no need for the blood test they agree as most of the officers have worked with my husband and know that he is a paramedic. The officers never said anything to me about having to automatically have a breathalyzer if you refused a blood test. My son was not in a state of mind to even begin to accept or deny a blood test and I assumed my knowing what he was under the influence of would not count as a denial against us. Once all is said and done I recieve a letter from DPS stating that since my son had refused a blood test it ment that he would automatically be addmitting a DUI and that he would be required to have a breathalyzer in his car for no less then 18 months. I have been fighting with my son's attorney who handled this case in court and with DPS for the last 8 months. I have tried to explain to DPS that there was no alcohol involved in the case and what good would a breathalyzer do me or my son considering it won't test for xanax levels or anything other than alcohol, and that as long as my so had no alcohol in his system he could be high as a kite and still drive? what sense did that make? I have called and tried to get a hearing through DPS and have gotten no further than the lady that answers the phone. Our DPS department is very rude and refuse to allow you a hearing or hear what you have to say. I am wondering what more can I do. I am out of money to hire another attorney as this has cost me a fortune already and I can't get any where with DPS. What is one to do in a situation such as this? I agree with all of the trouble my son got himself into other than the breathalyzer part I honestly don't see how being high on xanax warrants a breathalyzer when they are designed to identify alcohol. I can provide more information if needed and would greatly appreciate any help or advice any of you could give me.. Thanking you in advance for taking your time to look at my situation.
My story is this.. My 16 yr old son whom didn't have a license at the time due to the fact he had just turned 16, decided to get high on xanax with his friends. When my son came home I could tell he was on something but wasn't sure what. My husband his dad is a Paramedic and once home and aware of the situation looked my son over and finally came to the conclusion he had taken a lot of xanax and my son in his slured words agreed. We put our son to bed after a few hours of watching over him he seemed to be sleeping very well or so we thought. Any way we decide it was safe for us to go to bed little did we know it wasn't our son snuck out of house stole my car in the middle of the night, and decided him and his friends were going to run away as we were being unfair parents. While his not so smart self was attempting to drive thank god an officer saw him swerve and pulled him over. He was arrested my car impounded and he was taken to the E.R. as they assumed he had been drinking. Once I arrived at the E.R. the officers informed me there was no presence of alcohol in the car or on my son however he was under the influence of something and did I have a clue as to what might be going on. I informed them of the earlier events and advised them his dad being a paramedic knew exactly what our son had taken. They told me they needed to do a blood test to prove what I was saying was true and I informed them there was no need beings I had taken the pills from my son and my husband had already identified them to be xanax, and that I was well aware of what my son was under the influence of so they need not waste any more of my hard earned money. The arresting officers ask my son do you concent to a blood test and my son nowhere close to being in his right state of mind and being clueless as to what they were even asking him said F you. They come to me and ask me again, and I say well since we know what he is on there is no need for the blood test they agree as most of the officers have worked with my husband and know that he is a paramedic. The officers never said anything to me about having to automatically have a breathalyzer if you refused a blood test. My son was not in a state of mind to even begin to accept or deny a blood test and I assumed my knowing what he was under the influence of would not count as a denial against us. Once all is said and done I recieve a letter from DPS stating that since my son had refused a blood test it ment that he would automatically be addmitting a DUI and that he would be required to have a breathalyzer in his car for no less then 18 months. I have been fighting with my son's attorney who handled this case in court and with DPS for the last 8 months. I have tried to explain to DPS that there was no alcohol involved in the case and what good would a breathalyzer do me or my son considering it won't test for xanax levels or anything other than alcohol, and that as long as my so had no alcohol in his system he could be high as a kite and still drive? what sense did that make? I have called and tried to get a hearing through DPS and have gotten no further than the lady that answers the phone. Our DPS department is very rude and refuse to allow you a hearing or hear what you have to say. I am wondering what more can I do. I am out of money to hire another attorney as this has cost me a fortune already and I can't get any where with DPS. What is one to do in a situation such as this? I agree with all of the trouble my son got himself into other than the breathalyzer part I honestly don't see how being high on xanax warrants a breathalyzer when they are designed to identify alcohol. I can provide more information if needed and would greatly appreciate any help or advice any of you could give me.. Thanking you in advance for taking your time to look at my situation.
