What exactly is a DUI? I recently had a single vehicle accident; there was a horse in the road and I swerved to miss it and lost control. I had a few drinks (4-5) between the hours of 6 and 9 PM. The accident occured at appx. 1 AM. My blood alcohol content at the hospital was a .57% and the legal limit is .8%, I also take prescription medication, which I have been on for many years. On the citation the officer gave me it states admission to drinking and taking medication, can I still be charged with a DUI even though I was below the legal limit, and my medication was prescribed? And if so what are the chances of the charge sticking?
Thank you in advance for your asistance.
1 Answer from Attorneys
It is not a defense to DUI that the medication taken was by prescription. One cannot drive while impaired while using prescription medication or a combination of alcohol and prescription medication. You never should have talked to the cop and admitted anything.
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