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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
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Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I am presently taking several medications which have the warning

Resolved Question:

I am presently taking several medications which have the warning to "use care when operating a car or dangerous machinery". Specifically these medications are Reprexain (hydrocodone), Xanax for anxiety (light dose), and Buspar for anxiety. Initially they all made me feel a bit dizzy and I did not drive after first taking them. Now I am at the point where they alleviate the anxiety/pain but dont make me feel dizzy. I am VERY against drinking and driving, but I feel I am ok with these. I am unsure on the law and what would happen in an accident. I have legal scripts all from the same doc I have been seeing for 10 years.

So can I drive at these "normal" doses vs someone getting "high" by taking 10x the normal dose would clearly be a DUI/DWI.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 2 years ago.
You could still be charged with DWI/DUI. Even though you may not feel like you are impaired if an officer sees you weave, not stop properly,if you get into an accident, etc. then they can ask for a blood test, even against your will, and if your blood shows those medications then you can be convicted, even if you have a prescription.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 2 years ago.
So there is not a level in the blood that would mark it as DUI like with a beer .08/.10 comparable to prescription medications with a medical need. This could potentially mean I have to quit driving as at least the Xanax is an every day medication. I live in the country and my only way to work is via car, so this is huge.
Expert:  Dwayne B. replied 2 years ago.
No, not with prescription medication. Every state allows an officer to testify that someone is impaired by virtue of how they are acting, etc. There are no specific blood limits that apply. You can ask your doctor about it and express your fears and he can certainly tell you what limits he would consider to be impaired and what limits your blood is likely to show at those dosages.

Realistically, if a doctor comes into court and says that he prescribes those doses and you wouldn't be impaired then a judge or jury is going to believe the doctor.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26709
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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