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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33394
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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Was given roadside sobriety check not allowed to use glasses

Customer Question

Was given roadside sobriety check not allowed to use glasses or cane and failed. dui 000 three times for alcohol. prescribed 0.5 mg Lorazepam. took wed noc, thur noc, dui fri am bottle said not drive if sleepy but wasnt. 25 years sobriety etoh no relapses, 20 years at health job gone if all drug charges not dropped 47 year career, will be evicted from mobile home if convicted just bought $39 plus $16 in handicapp modif. Am I a pill addict. Was I intoxicated
Submitted: 10 months ago.
Category: Business Law
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 10 months ago.

I can't answer the question about whether you are an addict or whether you were intoxicated since you didn't provide any information on which to base this. A physician might be able to answer the question.

Is there a specific legal question with which I can assist? Usually people want to know how to beat the charge or whether they need a lawyer. Also, you don't mention what the specific charge is that you are facing.

Customer: replied 10 months ago.
Is it a valid sobriety test to not be allowed to use glasses and cane? Is the level too great to be driving even though I wasnt sleepy? 0.5 mg wed night 0.5 mg thur night, dui fri am
Expert:  Dwayne B. replied 10 months ago.

The field sobriety test could certainly be challenged if you weren't allowed to wear your glasses and they are prescribed for you or if you usually use a case, require one to get around, and the police officer didn't allow you to use it for the test. It is important to watch the video and listen to the audio to see how you look. If you don't look or sounds drunk on the video then it is unlikely a jury will find you were drunk.

The issue with taking a medication is whether it "impairs your operation of the vehicle". There isn't a specific test number with medicine the way there is with alcohol, so if you weren't having any problems driving then you weren't breaking the law. Different people tolerate medications in a different way. Some people would be able to take the amounts of medication you took and wouldn't even be groggy whereas others would be almost asleep.

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