Legal Question in Criminal Law in Nevada
very complicated
I got pulled over and arrested for DUI of methamphetamines, I am not guilty, however I take a prescription drug called Adderall and it came up in my urine test. I have records from doctors to prove this. My question is can the lab tell the difference between the prescription drug and the illegal drug??
1 Answer from Attorneys
Re: very complicated
An independent test is indicated on these facts. A Motion should be filed and served, seeking an Order directing that a subsample of the urine test be delivered to a different lab of your choosing, and retested at your expense. The retest results should be able to distinguish between the substance you are charged with using, and the prescription medication you claim you were lawfully taking. So long as the levels were within therapeutic limits, and you were not impaired thereby, you should be able to defend the DUI charge.
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