Legal Question in DUI Law in Washington

perscription drugs and DUI

I was arrested in Ellensburg last week. I refused to blow or take a sobriety test. Yes I drank, but I had a shot and a single vodka tonic in 2 hours. I am under heavy medications due to bi polar disorder. The medications that I am on affect driving. I work at a bar and had jack and coke spilled down my front which made the officer assume that I was drunk. I need to know what my legal rights are as being bi polar and being on the medication that messed with my driving. I refused to blow, so I also need to know about the laws relating to that. Also I was told that since I have no prior record, I could defer... what does that mean? I am already under the care of a mental health clinic that involves drinking and drug issues from my past. Will it make a difference in court that I am under this care?


Asked on 5/16/04, 5:40 pm

1 Answer from Attorneys
Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: perscription drugs and DUI

The penalty for refusing to take a BAC test on a DUI when you have no priors is at least 2 days jail, 1 year loss of license, fines over $1,000, and probation. Some courts also make you pay policing costs and costs of prosecution. Probation can be for up to five years.

The fact that you were taking medications is problematic if those meds can have an impact on your central nervous system. A good place to look would be on the label. Does it say, do not drive when taking this med? How about alcohol? Does it say don�t consume any alcohol? It�s possible to be arrested and convicted in this state for being intoxicated due to medications alone. I have seen bi-polars who did not drink convicted of DUI just because their medications were out of balance.

Another impact from your arrest will be actions to revoke your license by the Department of Licensing. The DOL acts separately and independently from the prosecutor. Since you refused to take the BAC test, the DOL will attempt to administratively revoke your license for one year. If they succeed, you will not even qualify for an occupational driver�s license. There�s a new law about to take effect on June 10, 2004, but it probably won�t help you in this case.

This is a very serious situation. You need to get an attorney to help you navigate the rough waters ahead, and soon.

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Answered on 5/17/04, 11:13 am


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