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