Prescriptions and DUI
I am currently on hte Fentynal patch which is a extended release opiod narcotic. I have a prescription. My doctor has informed me of various articles indicating that extended release opiods do not effect driving ability. If stopped by law enforcemet, can I be cited for a DUI? If so in what circumstances?
1 Answer from Attorneys
Re: Prescriptions and DUI
Yes, you can be arrested and even convicted.
If the jury believes that the opiod affected your ability to drive, to the slightest degree, either mentally or physically, then you are DWAI. If you are substantially affected, then it is a DUI.
I would refuse the roadside sobriety tests (field sobriety or voluntary road side maneuvers etc). If put in cuffs, choose breath. Say as little as possible, why - because you do not have to say anything.
If you still face charges, contact a reputable DUI attorney.
The real question in your situation is not whether the studies say it impairs the average joe, but whether you are impaired by the drug.
BUT - I think you have a strong defense.
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