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Old 09-02-2008
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If I was on medication "Percocet and Naproxen" and I did a blood test can it come up as DUI?
The Officer said I was all over the lane so he pulled me over and I told him I was not drinking but I am on Medication"percocet" cause I have back problems but he did not believe me and toke me to jail. They toke my blood and they said I will have to wait for 3weeks before they can tell how much alcohol was in my blood but I was on "percocet" and "Naproxen" can it still come out as DUI when the blood test come back?
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Old 09-02-2008
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Umm percocet is a controlled substance, a pain killer. It impairs the brains ability to register things such and distance and time..much like alcohol. So yes you can get a DUI if you driving was erratic and you were found to have levels of a substance that would cause that behavior in your system, regardless of a prescription or not. The I stands for influence...which can be any number of things.
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Old 09-02-2008
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The question is not whether a medication is prescribed, but whether you were driving while impaired by any substance. As a driver, it is still your responsibility to recognize when you are impaired, and you will have a hard time convincing anyone that you didn't know Percocet could be impairing. If you take enough to be impaired, and then get behind the wheel, it's still a crime. The fact it is prescribed by a physician is not a "get out of jail free card," it only might make the judge a little more lenient.

On the flip side, just because they find a medication on a drug test, it does not automatically mean you are "under the influence"--that is based on the observation by a peace officer. Of course, if he observed that you were "all over the lane" he will have a pretty good argument.

Get a good lawyer and avoid stupid and illegal decisions in the future
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