police follow you for two miles, then you fall a sleep driving off the road.?

Question

police turn on lights and ask for license, insuranse and registratation. Then ask you to step out of car and do sobriety checks and B.A.C. which is 0.00 . Another officer searches your car (two seater, no trunk) says to the officer detaining me that there are open intoxicants in the back of car. The officer that is questioning me ask if i am on any illegal drugs, I answer no, He then asks if i take perscription drugs, I answer yes and name them. He never asked if when i last took them and places me under arrest for dui. Go to the station and ask me to take a blood draw for in toxication to which i approve with the understanding they will be checking for blood alcahol level. Turns out they are checking for everything, perscription drugs and illegal drugs. Is this proper procedures?

Answer 1

Yes. They did everything correctly based on what you wrote. You gave them consent to draw the blood (which is only usually done when drugs are suspected in a DUI).

If you failed the SFST's, the officers had probable cause to arrest even with no alcohol present. If you had drugs in your system that could impair your driving, you will have a hard time avoiding a conviction for DUI.

Answer 2

First, the officers had a very justifiable reason to stop you, i.e. you drove off the road. Which is also a pretty good reason to suspect you were driving under the influence so they investigated. So far, so good.
Next, they find open intoxicants (booze I suppose since you do not mention charges for possession of controlled substances). So they conduct field sobriety tests (you do not mention the FST results - the officer's opinion not your own since most everybody THINKS they pass) & check your BAC (field test I must assume). The .00 indicates you had no alcohol in your blood at that moment. BUT to the officers you had displayed actions consistent with being under the influence so they continue their investigation as to options other than alcohol. No illegal substances according to your statement - whether true or not. But you do admit to prescription drugs.
I do not know the results of the FST's nor do I know what other driving actions you took other than driving off the road BUT I can easily see probable cause developing depending on those factors.
Next issue, the blood test. I am unsure why you would believe a blood sample would be tested just for alcohol when there was no indication you were arrested for driving under the influence of alcohol. Regardless, you approved of a blood draw for testing. Also, regardless, they could have taken the blood anyway, with or without your consent. Your blood contained evidence which would disappear in a short time if not collected at that moment. You were just nice & consented albeit because of a misunderstanding.

So, was it proper procedure? Yes. Do you think the officers did wrong? What specifically? And why?

Answer 3

Yes, this is a bust. First of all you have been found with "Open Containers" in your car. Although you may not have drunk anything in 6 months and come up 0.00 you are not out of the fog yet. They are going to check for narcotics in your blood, like Vicodin or oxycodone, if you have these in your system you are "driving under the influence". Then what they may say is that with the open containers and your medications mix, you are going to see a very large ticket, classes, a bunch of stuff. I don't know what you are taking but if you drove off the road "restless indangerment" charge possible as well. There are warnings on your pill bottles that state Don't operate machinery or an automobile etc. So you haven't much to back you up. When you told them about the medicines, if you are diabetic, you may have had a blood sugar "crash" and passed out. Which is no big deal, but again there are a ton of charges they can make up. Dress nice when you do go to court. Hair and nails clean, look like a businessman/woman. Don't wear jeans and that old shirt you always wear. Wash your hair, brush it nicely, ponytail if it is long. Take all your ticket or court papers with you. Have your doctor write up a note as to why you are taking such medicines will help A Lot! Be prepared. If you go to the local District Court House and the Clerk will tell you exactly what you are being charged with. Then you know what to do from there! Good luck! [e-mail]

Answer 4

The answer is in your question. They told you they wanted to take your blood for "toxication" this doesn't mean Alcohol only, toxication could be any form of drugs. Though you did fall asleep at the wheel so even if you did blow 0.00 I'd do a blood draw on you too to check for illegal drugs and you admitted to being on prescriptions. Do any of those prescriptions say you can't drive or don't operate a motor vehicle or may cause drowsiness? If so, and the cop knew that...he was then testing to see if those drugs were in you at the time. Point is you were told you would have your blood drawn to test for toxins, Thats enough info where you should have automatically known ALL toxins not just alcohol! HOW can u fall asleep with a cop following you? I'm a cop and I've never seen anyone do that.

Answer 5

it is prohibited to have an open container of alcohol. First issues first, a million. you have the wonderful to proceed to be silent-USE IT! stop speaking and admitting something, they are going to use it against you! 2. Get a criminal expert, if what your asserting is genuine your rights could have been violated and you're able to get each and every of the costs thrown out of courtroom. 3. If there have been not any drugs on your equipment why/how have been you charged, this may well be a faux fee and you should combat it and actual win. To coach it in courtroom they might could desire to teach a team of custody of the blood and each thing, your criminal expert will consume them up and spit them out for breakfast. the biggest mistake human beings make while they're pulled over is they're lulled into thinking that the cop will basically forgive despite they're doing and that they tell them. that may not the cops job to decide or forgive. once you're doing some thing unlawful they're meant to arrest you and maximum possibly will do this. So in case you're arrested for DUI or something criminal seek for suggestion from an criminal expert earlier you enable them to interrogate you. Getting an criminal expert isn't admitting guilt, its basically allowing a sparkling set of eyes on the case it incredibly is your recommend and ascertain your rights are secure.

Answer 6

You can get a DUI while under the influence of prescription drugs. I've seen it happen a number of times.

You should really try hard to stay awake while driving.....especially if there is an officer following you for 2 miles.

Answer 7

Absolutely.....DUI doesn't just include Alcohol...driving under the influence can include legally prescribed medications....if they say DO NOT OPERATE A VEHICLE OR MACHINERY, then you are at risk of being DUI......I'm not sure what state you're in, but in Florida I cannot draw blood unless given consent or if the offender caused "serious bodily harm" to themself or someone else....however, a simple urine test will give me the same results, and if you refuse the urine test, you go to jail for a refusal and lose your license for 1 year.

Answer 8

Yes. DUI covers alcohol and drugs, and driving under the influence of prescription drugs is illegal.

Blood and urine tests are for everything. If the DA decides to prosecute, this argument will not be valid.

Answer 9

Sure sounds like it. They were probably following you because you were weaving before falling asleep and they have every right to arrest you for driving under prescription drugs if the drugs contain a "do not drive" warning. Just because you have a prescription does not give you the right to endanger other people.

Answer 10

Sounds like standard procedure. You falling asleep at the wheel is dangerous, if there were drugs in your system that caused that and I was a police officer I'd want to know.