I'm concerned of getting a DUI for taking my prescription meds. I have been taking Klonopin for severe anxiety and amphetamines for my ADHD for several years now. I live in the state of Maine and they are cracking down on prescription drug abuse. I have been able to get off of these meds but my symptoms return and i'm unable to work. While taking the meds as proscribed, I can lead a normal life. My Doctor agrees with me. He even said that i'm a rare case and that the quality of my life is much better with them. The problem is that I"m on probation.........for felony threat made by telephone when I was off my meds and back to drinking again. In fact, one of the conditions of my probation is to take my prescribed medications. So If i don't take them i'm in violation of my probation but If i do than I risk being arrested for DUI. My doctor said it's ok for me to drive and says that I have become tolerant to the side effects and that I would more than likely
be a danger on the road if not taking them.
This is the most important thing though. The state of Maine is cracking down on DUI drugs. The problem is that with alcohol, at least one can defend themselves. If you're .08 or above this is enough for a conviction regardless of field sobriety test results. Also, with alcohol. no matter how one performs on field sobriety tests than
an alcohol chemical test below .05 is prima facie evidence that one is not under the influence. With medications, it only takes a police officers opinion that one is impaired. They need a drug test to go along with this to get a conviction. The problem is that they only do a urine test to detect metabolites..........not a blood level to verify impairment or to check for therapeutic levels. So if someone were to come back with metabolites for any drug, that would be enough to convict them even after any possible impairments would be long
gone. What can I do to defined myself? Is there a physicians note that I can bring with me when I'm driving? The sad thing is that most DUI arrests come from drivers admitting they have taken prescription medications. If I were not on probation I would not deny taking any medications. In fact I have been stopped many times while not on probation on the same meds and was never even questioned about my ability to drive. Now, if i'm pulled over, the officer will be armed with my baggage. Can I deny taking medications? We all know that
police are allowed to lie to get someone to talk. Am I in violation of the law by denying that I take medication? If I'm on probation i'm required to identify myself as a probationer. But does this mean I have to share more to a law enforcement officer than someone who is not on probation?
the law by not sharing this information with them?
Let me know if you need any clarification. I would be glad to assist you further if I can.
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I really was looking for a more accurate answer or should I say a correct
one. Urine tests do not detect amounts of use and thus can't detect levels
Can you at least answer this? Does a probationer still have the same rights as any other citizen when being questioned by law enforcement?
You speak of my right to remain silent but fail to answer that probationers give up many constitutional rights.
Just your lack of knowledge regarding the limitations of urine tests makes me wonder if you should be even be a licensed attorney.
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