Tuesday , July 25 2017
Home / Hawaii DUI News / What if I’m on Medication and I Get Pulled over for DUI?

What if I’m on Medication and I Get Pulled over for DUI?

Being charged with DUI can fall into different subsections.  One is impairment by a drug or alcohol, another is having a breath or blood alcohol concentration over the legal limit.  The drug impairment does not specify that the drug is illicit.  It can be any drug.  Of course the government has to prove it was a drug.  If you take an illegal drug obviously the government will point to that.  However, if the government learns that you are taking a legal drug they can still prosecute you. This is why you should never answer the questions the cop asks you about the drugs you are on.  And, if the drug, even if prescribed, magnifies the alcohol, you can still be found guilty.  If you take medication be sure to not answer questions.  If you answer questions and do not inform the officer the officer and court will assume it was the alcohol that resulted in your test failure and driving.  If you do tell him, and you for some reason take the field sobriety tests, the officer will say “ I will take that into consideration”.  They won’t.  The reason is, I too am trained in the SFSTs and there is no way to take anything into consideration.  You have a broken hip? I’ll take that into consideration.  You are on codeine?  I’ll take that into consideration.  What that means is that the officer will fail you anyway.  Telling the officer about your medication will not help you, provided you don’t answer any questions.

The Contributor is Kevin O’Grady esquire. Kevin O’Grady practices in Honolulu, Hawaii, has been in practice since 1997, is a former prosecutor, a member of the National College for DUI Defense, the NACDL, and HACDL and he is a Major in the U.S. Army reserve as a Judge Advocate. His practice is 90% DUI and traffic related. He focuses on DUI, criminal defense, and Courts-Martial. He can be reached at 1-800-DUI-CASE, 808-521-3367, WWW.CriminalAndMilitaryDefenseHawaii.Com, or Paralegal1@CriminalAndMilitaryDefenseHawaii.Com

About Kevin O'Grady

Kevin O'Grady
Kevin O’Grady has a practice that is more than 90% DUI defense. For DUI criminal charges in Hawaii state and federal courts for the four years preceding 2015 97% of his clients do not have a DUI conviction when the case was finally completed. Originally from New York he has been a reserve Maricopa County Deputy, a Deputy Prosecutor for the city of Scottsdale Arizona, a Special Assistant United States Attorney and Chief Prosecutor for the Ak-Chin Indian Community, Special Assistant United States Attorney and Domestic Violence Prosecutor for the Salt-River Pima-Maricopa Indian Community, A trial Counsel and Senior Trial Counsel with the United States Army. He is a Major in the United States Army Reserve and a Judge Advocate. He is certified as a JAG to handle all Article 32 Preliminary Hearings including Article 120 (rape and sexual assault) cases. He has handled cases from murder to rape to drugs to assault. He is qualified to administer Standardized Field Sobriety Tests under National Highway Traffic Safety Administration & International Association of Chiefs of Police Guidelines. He is also trained on the Intoxilyzer 8000. He is a member of the Arizona State Bar, the Hawaii State Bar, certified under Article 27(b) to appear in Courts-Martial cases, admitted to the State bars of Arizona and Hawaii, the Federal District Courts of Arizona, Hawaii and the Northern District of Texas, as well as the United States Court of Appeals for the Ninth Circuit. He is a member of the National College for DUI Defense, the National Association of Criminal Defense Lawyers, and the Hawaii Association of Criminal Defense Lawyers. He is also an Arizona Peace Officer Standards and Training Law Instructor. Mr. O’Grady lives in Kailua with his wife and two sons.

If you would like to contact the author, please visit: http://wwwcriminalandmilitarydefensehawaii.com


Leave a Reply

Your email address will not be published. Required fields are marked *

*