dui
i received a dui, did not take a test, license was revolked. i took prescribed medicines and had a bad reaction, can i still be charged with dui
Asked on 10/23/07, 1:38 pm
2 Answers from Attorneys
Jim Forslund
Law Office of James C. Forslund
Re: dui
You can, but you have defenses you can assert.
Answered on 10/23/07, 1:41 pm
Jason Savela
The Savela Law Firm, PC
Re: dui
Yes you can be charged, but the burden of proof is always on the prosecution.
You have a complete defense - it is essentially an involuntary intoxication defense. If you did not have a bad and unexpected reaction, then you would not have been intoxicated in any way or you would not have driven.
this is dependent on the lack of knowledge that you would have this type of reaction to the medication and that the bad reaction caused the intoxication
this type of defense requires an experienced dui specialist - I am one.
Answered on 10/23/07, 1:58 pm
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