Legal Question in DUI Law in California

DUI for Paxil

My husband was stopped for a license plate light being out. Took breathalizer, blew .03 after having 2 beers. The officer felt he needed to have a blood test because of the ''jumpiness'' of his eyes. He was not arrested but was taken for a blood test to check for his prescription paxil medication. He was only kept long enough for the test then released. His car was impounded and he received a ticket for DUI VC 23152A. Can he really be convicted of a DUI based on the appearance of his eyes? He does suffer from a lazy eye and waek eye muscles. I just spent $536.00 to get his car back. What can I do at this point to fight this. If he is convicted of this he will lose his sales license and his job. He has no previous record and was very cooperative with the officers. The officer who stopped him explained that he is 1 of 5 officers in our city who have had specialized training to detect impairment from medication and that any other officer would of had to let him go because his BAC was only .03. I am just not sure how they determine impairment when you take a non narcotic prescription medication. He felt fine while driving and takes this medication everyday. The warnings only state to be cautions until you know how it will effect you.


Asked on 12/12/06, 4:17 pm

3 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: DUI for Paxil

DUI is shorthand for driving under the influence of alcohol, drugs or a combination alcohol and drugs. One is under the influence when their ability to drive is impaired by the ingestion of either alcohol, drugs or a combination thereof. To defend against this charge will require showing that his ability to drive was not impaired by the drugs and alcohol in his system. In San Mateo county a gentleman from Tonga was convicted when drove after consuming kava kava tea. He will need an attorney and probably an expert witness to testify that the use of alcohol with paxil will not impair his driving. A driver is impaired when his or her ability to drive is reduced.

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Answered on 1/01/07, 3:38 am
Joshua Hale Hale Law Group

Re: DUI for Paxil

Your husband may be able to be convicted for DUI. I would be happy to talk to you further about this to see if I may be able to represent you myself. I appear on many DUI cases, and know the system.

Call me at your earliest convenience.

Joshua Hale

619.866.3535

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Answered on 12/12/06, 4:23 pm
Terry A. Nelson Nelson & Lawless

Re: DUI for Paxil

He is charged with DUI. You handle it like any other criminal charges -- hiring counsel would be wise, unless your husband knows how to comply with all the rules and procedures for court appearances, negotiations, motions and trial, and feels comfortable going up against an experienced DA whose job it is to put him in jail.

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Answered on 12/12/06, 6:51 pm


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