DUI and I was sober??? wth??

[gurl33]

IL

I broke my left foot and have been prescribed lyrica, norco, and percocets for pain. I have never abused these meds but got a DUI when I got pulled over at 3 in the morning and the cop discovered the scripts when I was looking for my id in my purse. He also said I had dilated pupils. I take 2 lyrica daily (for nerve damage in my foot) and maybe one or 2 norco 5's a day as needed for pain. My script says I can take 1to 2 every 4 to 6 hrs as needed for pain. I had taken 2 the whole day. The cop gave me a urine test. My question is, can this DUI stick if I wasn't abusing the medication?

 

[Proserpina]

IL

I broke my left foot and have been prescribed lyrica, norco, and percocets for pain. I have never abused these meds but got a DUI when I got pulled over at 3 in the morning and the cop discovered the scripts when I was looking for my id in my purse. He also said I had dilated pupils. I take 2 lyrica daily (for nerve damage in my foot) and maybe one or 2 norco 5's a day as needed for pain. My script says I can take 1to 2 every 4 to 6 hrs as needed for pain. I had taken 2 the whole day. The cop gave me a urine test. My question is, can this DUI stick if I wasn't abusing the medication?

You can still be under the influence even if you're taking the meds as prescribed.

So yes, it CAN stick. Even if you're obeying the rx to the letter.

 

[gurl33]

I had taken 1 at 9pm and it was 3 am so that is a 6hr window...don't see how there could be enough left in my system to impair me...and I had drank lots and lots of water. I was very tired.

 

[justalayman]

Illinois statute

(625 ILCS 5/11‑501) (from Ch. 95 1/2, par. 11‑501)
Sec. 11‑501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual physical control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood

or breath is 0.08 or more based on the definition of blood and breath units in Section 11‑501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound

or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
(4) under the influence of any other drug or

combination of drugs to a degree that renders the person incapable of safely driving;
(5) under the combined influence of alcohol, other

drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or
(6) there is any amount of a drug, substance, or

compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.

If it was determined you could not drive safely, you were guilty of DUI. You need a lawyer.

 

[Proserpina]

I had taken 1 at 9pm and it was 3 am so that is a 6hr window...don't see how there could be enough left in my system to impair me...and I had drank lots and lots of water. I was very tired.

Because you can still be impaired.

The fact that you were tired doesn't help you, either.

I'm sorry, but you should really speak with an attorney.

 

[gurl33]

I did get a lawyer, however IL DUI laws are fierce. Cop was a jerk and according to Illinois Statue for DUI, any amount of the drug can deem me under the influence. I can't believe this has happened.

 

[Proserpina]

I did get a lawyer, however IL DUI laws are fierce. Cop was a jerk and according to Illinois Statue for DUI, any amount of the drug can deem me under the influence. I can't believe this has happened.

Soooo...why were you initially pulled over?

 

[justalayman]

according to Illinois Statue for DUI, any amount of the drug can deem me under the influence. .

that's not true. I even posted the statute. It requires the state to prove you were incapable of driving the vehicle safely. That means having it in your system is not enough to convict.

 

[Zigner]

I did get a lawyer, however IL DUI laws are fierce. Cop was a jerk and according to Illinois Statue for DUI, any amount of the drug can deem me under the influence. I can't believe this has happened.

Yeah, darn that cop for actually enforcing the law and getting an impaired driver off the road! How DARE he...

 

[gurl33]

I did a rolling stop at a stop sign to turn right. He wanted to believe I was drunk but when he didn't smell any alcohol and then saw the prescription drugs in my purse he gave me a DUI.

 

[justalayman]

did he do any field sobriety tests?

Did you actually take this to trial or did you plead out?

 

[CdwJava]

I did a rolling stop at a stop sign to turn right. He wanted to believe I was drunk but when he didn't smell any alcohol and then saw the prescription drugs in my purse he gave me a DUI.

Did he conduct any field sobriety tests Did he take blood or urine?

 

[justalayman]

Did he conduct any field sobriety tests Did he take blood or urine?

urine (from the first post)

 

[ElvinMelvin]

IL My question is, can this DUI stick if I wasn't abusing the medication?

Of course it could. I suspect if you look carefully on the bottle your medicine came in it will admonish you not to operate a motor vehicle or heavy machinery while taking it.

As the statute says (thanks to Justalayman):

(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;

It has nothing to do with abuse. And just because your prescription is legal, it has no bearing. Again, to the statute:

(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.

What this does have to do with is your mental state while you are behind the wheel. FWIW, I got my impacted wisdom teeth out after 30 years of procrastination, and the surgeon gave me a script for Vicodin. Now I weigh 230 lbs, and there is not a chance I would get behind the wheel of a car after having taken even one of them, because it impairs my judgement sufficiently that I would not feel comfortable that I could drive safely.

Simple possession of a legal prescription is not enough to convict for DUI. Neither is a California roll at the stop. It will be incumbent upon the officer to clearly articulate why you were "...incapable of safely driving."

You still need a lawyer

JMHO

 

[CdwJava]

urine (from the first post)

Missed that ... no coffee today ...

If taken pursuant to an arrest with valid probable cause, then the urine test will likely show a positive result for controlled substances (the medication) and when coupled with objective symptoms of impairment will make a case for DUI.

Some states actually have statutes that allow for DUI on a positive test even if no objective symptoms are present ... though, such a situation would lend itself to a potential false arrest because if you do not have symptoms of impairment, how do you have probable cause for the arrest?