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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27063
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If all your prescribed prescription drugs come back under

Customer Question

If all your prescribed prescription drugs come back under the levels thato the law uses to convict for DUI, can you be charged for a dui? All my meds should lower then normal,
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


Unfortunately, yes, you can still be charged with a DUi. The law gives a level above which you can be charged with a DUI for alcohol, but there is no such level for drugs in your system. Any amount of a drug can be sufficient to charge you.

If you have a prescription for these medications, and your doctor would be willing to testify if necessary that taken as directed your medication should not impair your driving, you may be able to get the matter dismissed, but the state has the right to try to prove beyond a reasonable doubt thet the amount of medication in your system could have compromised your ability to drive.

Customer: replied 1 year ago.
My doctor has agreed to do this, sill I'm confused if they can chrge someone why do they even bother to break down your levels. Also that there is a low, normal and toxic level. A doctor wouldn't prescribe it if it wasn't needed. It tells you how much to take. I guess I don't understand why they do a bac level if what your saying is it doesn't matter
Expert:  Zoey_ JD replied 1 year ago.

That's correct. For purposes of a DUI it doesn't matter. It may matter medically. It may matter whether you are a drug abuser for purposes of other criminal statutes. But as the state is fond of reminding us, driving is a privilege and not a right, and they can take that privilege away from you if they feel that your medical condition is impairing your judgment behind the wheel.

There's a big difference between what the state needs to arrest you -- very little evidence -- and what they need to convict you, which is proof beyond a reasonable doubt. With the cooperation of your doctor, you could very well beat this case. But that wasn't your question. Your question was whether they could lawfully charge you, and the answer to that is yes.

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