Right but all I'm saying is actually being convicted of this isn't easy. If you didn't take your medication the day you get blood tested, it will still be present in your blood test. How can they say you actually took the medication then? Will you be convicted of a DUI because you took your medication the day before? Even with a urine test and using it often it's going to be there even if you didn't take it within 12 hours of driving.
With ER meds it's pretty much impossible to avoid driving with it in your system. I'm supposed to take 3 a day, considering 8-12 hours for each...there's no time it wouldn't be there in your system.
Obviously a police officer can't really tell, who could? There really should be some type of legal recourse or defense for chronic pain patients I believe. Someone in chronic pain on ER meds who gets a DUI for having the drug in their system despite not taking it when driving shouldn't get a DUI, that's just wrong.
BTW: I have been on pain meds since 2006 so they are not new to me either. These substances can cause side effects at anytime for various reasons, even if you are tolerant of them.
If you really think about it, I think you will agree with me in the end. As I said earlier, there are times when I drive because I have no choice also, but it doesn't make it right.
You are making my point. Why go through all of that if it is not necessary. I have witnessed other officers administer a field sobriety test to a person with bad knees just like you and the officer felt they failed the test.
Blood was then taken and an arrest was made. Police Officers are not doctors and unforunately the arrest is legal. While it may get dismissed in court at a later date, do you think it is worth the risk?
I will tell you that most of the time my medication doesn't affect me either, but right now as I am typing this I feel that I have to take a nap because I am excessively tired. I took my medication 3 1/2 hours ago. This it what can happen with extended released medication especially, but also with any of the others that chronic pain patients are prescribed. One hour ago I would have felt I could drive fine and would have probably made it to my destination but at this present time a would be a danger to myself and others if I were on my way back home from that destination.
While we may not agree with all the laws they are in place for a reason. I don't like paying taxes either but unfortunately that is another one we can't get around without the possibilty of arrest in this country. LOL
True Red, but a lot of people on these medications for long periods of time have no issues at all mental or physical impairment. If I was ever field tested, I have two shot knees and cannot balance regardless.
Taking these meds and driving doesn't affect me in the least and never has. For them to actually prosecute you is not easy, they need to hire people that can actually attest that you were intoxicated. You could hire an expert that would say the exact opposite and it would become a long drawn out battle.
I wanted everyone to be aware of the DUI because it is not just about being pulled over. What if, God Forbid you get into an accident and you are injured or you injure soemone else. In this case you are going to the hospital regardless and blood will be drawn and you WILL be arrested. I have been there and have seen it for myself too many times.
Believe me,a police officer gets no pleasure in having to arrest someone who is in bad shape to begin with and adds insult to injury with a new one to deal with or have to carry the burden of hurting someone else.
Listen, I still drive myself when I can while on these medications, but short distances only. That doesn't make it right. I still run the risk of hurting myself or others backing out of my driveway, but we can't have to rely on others all the time to get to doctors appointments, stores, etc. Some of us have nobody to help us, those are the people I really feel sorry for.
The other thing you need to be mindful of is that just because you don't tell the officer that you are taking the medication doesn't mean that you going to get past a field sobriety test. It can be administered at anytime when an officer feels that you MAY be intoxicated. I have seen people fail them simply because of their disabilities and still be charged because the medication was later found in their system.
I will say that, I, personally always have let the person go that was honest with me about it and didn't have far to go. If they did have a distance to travel I would either let another licensed driver in the vehicle drive or let them call someone to come to the location and drive them rather than make an arrest. I was never that desperate to hit the sheet with a cheap arrest. I work in a city where someone gets killed everyday so there are bigger things to worry about. But you are all right that there are cops out there that will, but again the law is the law.
I will tell you this. If you have a Hanicapped Placard or Handicapped Plates, most officers will not arrest you and give you the options that I mentioned above. Police Officers are human beings also and understand these things. I just got one myself in March. After being a cop for 23 years it was a bit humbling for me to do but my doctor insisted as I can't walk more than 100 yards now without having some difficulty. I have to say that I am getting a bit pissed with able bodied people getting these things and taking the parking space that I need but that is another issue.
We all have experienced lightheadedness, dizziness. sleepiness, etc from these medications and know that it can happen at anytime. That is why it is safer to just not drive but it is just another Catch 22 that all of us have to deal with.
It is better to be safe than sorry and we all need to think about the safety of others as well as ourselves. Get a ride whenever possible and if there is another licensed driver in the car toss them the keys. My son just got his license so he is my personal chauffeur these days. I know he just wants to get his hands on my truck but I will take the service while it lasts. LOL
Good post Red, and no offense Vickey but I think something is missing from your story as Red pointed out.
Red, also...you can be charged for DUI that is true, however it almost never ends in a conviction because proving you were under the influence can be hard. If you take an ER medication at 6am and it lasts 8 hours and you get pulled over at 5pm, the medication will be in your system on a test, however you're not being affected by it. They have to bring in specialists to prove it and it takes a lot of effort and it would be nearly impossible to prove.
Furthermore, unless you actively tell them, or look intoxicated from it chances are they won't notice. I was arrested last year, and had the opiate in my system and was never questioned except about alcohol. So while it is a possibility, it's not very likely. Telling a cop "YEAH I TOOK 2 MORPHINE!" if he asks is the worst thing to do. Don't tell them a thing and if they notice intoxication, speak with a lawyer before saying anything.
Offering up information to a police officer can be your undoing if you're suspected of anything. There was a seminar on google video by a prosecutor and police officer about this, showing all the ways it can backfire.