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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26835
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My step daughter is being tried in the state of W.V.

Customer Question

My step daughter is being tried in the state of W.V. for drugs in system while driving. She wrecked and 2 people were killed. If her medicine is labled, Drive with Causion; can her blood be measured as too how much , if too much was in her blood? It was perscibed to her.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Unlike with alcohol, where there is a legal limit based on a blood alcohol count, any amount of intoxicating drugs in one's system could cause a person to be prosecuted for driving under the influence of drugs. That is true even if the drugs were prescribed by a doctor and were not illicit street drugs.
So, while a level could be determined if your step-daughter's blood was taken at the time of the incident, and while that level could give her lawyer some favorable facts to show that her medication was not the cause of the accident and the deaths if she wants to ultimately go to trial on the case, it won't cause that charge to be dismissed now.