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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110473
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I got pulled over in Missouri I am from Indiana. I had my

Customer Question

I got pulled over in Missouri I am from Indiana. I had my three-year-old son in the back seat in his car seat. he was throwing a fit trying to get out of his seat so I was turned around trying to keep him restrained in his seat till I can get a safe place to pull over. I got pulled over for not maintaining a single Lane. they ended up getting me with a DUI child endangerment and failure to maintain a single Lane. never drink a day in my life. but I am on prescribed medication from my Dr that they were well aware of and I gave them my bottles out of my glove box. I was not impaired I passed a field sobriety test. only thing he said I did not pass was my eyes were twitching as I was following his finger on the field sobriety test. I've had back and neck surgery both and I have nerve ending problems that's why my eyes twitch they do it all the time. so they draw my blood which I did not give permission for they searched my truck which I did not give permission for. by the way they did not find anything in my truck except for my prescribed medication in my bottles with my name on them. they placed me under arrest and put me in jail for 3 days. is there any way that I can get out of this beings I am was only on my prescribed medication and I was not intoxicated on them I had already drove over five five and a half hours you would think that I would have got pulled over between there and where they pulled me over. and the police did not even see me swerving they said someone called in and I'm sure they did because I did not deny swervingbecause I was trying to restrain my three-year-old son. so what do you think will be the outcome or what do you think will happen with this case? or do you see anything that they had done wrong to deny my rights? thank you very much
Submitted: 3 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under all state implied consent laws, they did not need your permission to draw blood. When someone signs for their drivers license, they are consenting to comply with all alchol and drug testing laws within the state under laws called "implied consent laws." DUI is not only based on alcohol, DUI can be on prescription medications as well as alcohol or illegal medications. When it is on prescription medications, you would require a medical expert to appear in court to testify that the level of medication in your blood does not cause impairment. So there is a defense.

Furthermore, what you are admitting to is reckless driving, since you should not have been turning around while driving, regardless of what your three year old was doing. If there was a problem you were expected to pull off to the side of the road and deal with the problem and not deal with it while driving your car, taking your eyes from the road and creating a dangerous situation for you and your child.

If you get a doctor to testify that based on the blood levels of medication in your blood, you would not have been impaired, chances are with your claims above the DA will want to reduce it only to reckless operation and not charge you DUI, but because you did this while driving the child endangerment case would be on the fence too and something your attorney would have to negotiate with the DA to dismiss and seek some type of plea agreement and perhaps driving school. Most times, the DA will dismiss the DUI and the endangerment in exchange for a plea on reckless, but that is only generally how these cases go and every DA is different.