WA State DWI on Prescription Meds

[LocalRocket]

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

A little over 5 months ago, I was pulled over in the middle of the night on my way home from taking a friend to the ER. There were hardly any cars on the road at the time. I'd had nothing to drink at all, but apparently the officer felt that I'd been distracted for too many seconds when a light turned green and I didn't "go". He asked me to do a breathalyzer, field sobriety test, if I'd been drinking or using drugs, etc. Perhaps naively, I told him that the only thing I had taken was Xanax, which I've taken daily for anxiety as prescribed by my doctor for over a year.

Since we were still by the hospital, he asked me to pull my car back into the parking lot and come with him inside for a blood test. I was totally overwhelmed and scared as I've never had a single incident with the law, but obviously I complied, and the blood test came back exactly as I said it would.

The officer told me that I "got lucky" that night; I should leave my car there and pick it up in the morning and he would give me a ride home, which he did. He wrote an incident report and gave me a copy, but it said nothing about having a DWI, he didn't write me a ticket, and he didn't "book me" or take me to the police station for that matter. Of course I was frightened, but I honestly thought that that was the end of it, he'd let me go and was given a slap on the hand or a verbal warning. He was actually pretty nice.

Three months after that happened, I was offered a new job about 5 hours from where I lived and relocated within the month. Five months and 17 days after the incident, I just received a bench warrant letter in the mail stating that I had been charged with a DWI 17 days ago (maybe this kind of mail can't be forwarded, but I NEVER received any notice of this) and that I had failed to appear in court. It said that I could be arrested and that my driver's license has been suspended.

I am totally flabberghasted by the situation and scared to death. Is there any chance that a charge like this might get reduced or dropped? I just looked up minimums in our state if I am convicted, and it looks like there is a $5000 fine (which I don't have) and mandatory jail time. I'm terrified of losing my new job over this! How can I possibly ask for time off to go to jail, or know how long it would be for? I don't even feel like I've committed a crime! Help!

 

[racer72]

You need an attorney asap. You will not be able to fight this on your own. Don't say you can't afford an attorney, you can't afford to not have one.

 

[Zigner]

I don't even feel like I've committed a crime!

If your medication impairs your driving and you still drive...you've committed a crime.

 

[BOR]

I am totally flabberghasted by the situation and scared to death. Is there any chance that a charge like this might get reduced or dropped? I just looked up minimums in our state if I am convicted, and it looks like there is a $5000 fine (which I don't have) and mandatory jail time. I'm terrified of losing my new job over this! How can I possibly ask for time off to go to jail, or know how long it would be for? I don't even feel like I've committed a crime! Help!

I looked that up, and those are maximums.

For a First (1st) offense DUI conviction, you face the following penalties if convicted:

Maximum sentence of 365 days (1 year) in jail
Maximum $5,000 fine
There is a mandatory minimum sentence of 2 full days (24 hours) in jail or 15 days of electronic home monitoring.
If you blew a 0.15 BAC or above, or you refused the breath test, the mandatory minimum jumps to 48 hours in jail or 30 days of electronic home monitoring, just on a 1st offense.
A license suspension of 90 days, minimum.
If you blew a 0.15 BAC or above, or you refused the breath test, the license suspension period ranges from 1 to 2 years.
Required installation of an ignition interlock device as a condition of license reinstatement, to be used for 1 year.
There is a 5 year probation associated with any DUI conviction. Probation typically includes "standard" DUI conditions. See my WA DUI probation page for further info.


It seems very suspicious that an officer drove you home while you were just taken in for DUI and charged later instead of that night???

Even if there was no charge that night he could have held you in "protective custody" as you were allegedly a potential harm to yourself.

The above should be exculpatory evidence on your behalf.

You blew nothing yet were charged with DUI, which can be any impairment, but anxiety medicine, I don't see that as a functional deprivation to driving??

The federal constitution mandates IF jail time is to be sought, you are to be provided a Public defender to represent you if indigent, and MOST of the general population are.

IF you can not retain a private attorney, plead NOT guilty and request a public defender.

 

[larboard]

If your medication impairs your driving and you still drive...you've committed a crime.

But what if it doesn't impair your driving?

First, let me concede that some Xanax users "Doctor shop" and have several prescriptions so they can take far more than what a responsible Doctor would proscribe. I've heard the reason they do this is that at a certain point it gets you "high" but have no experience with that effect; rather the one time I accidentally had twice my normal dose (at home) I got a bad headache (headaches are rare for me) and was careful never to take more than the normal dose again. If anything I under-dose.

Most Xanax users are responsible and take what is proscribed and no more. I started taking it fifteen years ago and it simply stopped the panic/attacks I was having at that time along with reducing overwhelming anxiety that continues to this day. With the panic attacks I would hyperventilate and couldn't get away from the feeling I was suffocating (and I was in good shape).

Since it also reduces anxiety a driver like me who has taken his proper proscribed dose of Xanax (.25mgs four times per day) is likely to a far safer driver than one who forgot to take or carry his proper medication (It's out of your body in about five hours so on long drives you need to carry extra).

 

[larboard]

Perhaps naively, I told him that the only thing I had taken was Xanax, which I've taken daily for anxiety as prescribed by my doctor for over a year.

Now I'm worried too (my OP is on the front page of this forum).

When I was being questioned (before they took blood) and later booked before jailing I was asked a series of questions in rapid order. Things like "Do you have allergies", "Do you have broken bones?", "Do you have problems with dizziness?" and so on. In the middle of this sequence they asked "Do I take prescription medications". I took them as medical questions associated with the taking of blood and being put in a jail cell and answered truthfully (stupid me I guess). No to all except for a proscription to Xanax for anxiety panic and Halcion for sleep (I actually spelled out the generic since that's how I get it at Costco, much much cheaper).

It just so happens I've almost eliminated daytime use of Xanax (instead using it for help with sleep which is an ever-worsening problem).

I don't think any was in my blood at the time of my arrest or booking since my tiny dose that day was taken about ten hours before. The Halcion of course is only taken just before bed and not carried on my person unless I'm taking an overnight trip but the aid taking the report may not have understood that; she went into this furious writing style that now worries me even more (as in "We got him!").

I did find this link which you may find comforting:

http://www.healthboards.com/boards/showthread.php?t=303998

Hope to hear from the top posters on this one.

 

[CdwJava]

It seems very suspicious that an officer drove you home while you were just taken in for DUI and charged later instead of that night???

They probably waited until the test results were in. This is not uncommon in some places.

Even if there was no charge that night he could have held you in "protective custody" as you were allegedly a potential harm to yourself.

Only if he was too imp[aired to care for himself. One can be be too impaired to drive, but not too impaired to take care of themself. DUI does not imply public intoxication.

You blew nothing yet were charged with DUI, which can be any impairment, but anxiety medicine, I don't see that as a functional deprivation to driving??

Alprazolam (aka Xanax)? Yes, it can cause some serious problems with judgment and driving ability. Drowsiness is probably the most likely physiological effect you will see.