DUI for Xanax? Really?
December 8, 2012 6:18 PM Subscribe
Will a DUI charge for Xanax stand in court?
posted by BestiaDeAmor to law & government (20 answers total) 1 user marked this as a favorite
To begin, I know YANAL and that princess isn't without fault.
That said, here's my issue--Mrs. Bestia, a busy grad student, is a gentle soul that is extremely easily rattled by the slightest of challenges that arise throughout the day. She has been seeking treatment for anxiety recently and it seems to be doing her a great deal of good. However, the medication she takes for her own sanity seems to have backfired. She took her prescribed dose of xanax and klonopin (which she has been taking consistently for several months) before going to work on Friday. After a five hour shift, she started driving home when a tire blew out. She got off the freeway and, trying too hard to stay out of traffic, rolled up onto the shoulder and messed up her car. Cops showed up shortly thereafter, she got so nervous that she couldn't successfully complete field sobriety tests, and she was charged with a DUI.
Now I understand that "under the influence" is a very inclusive term, but can being under the influence of prescription medication you've taken several hours prior really justify a DUI? Google searches suggest both alternatives have some validity: (1) she shouldn't have been driving (fair enough, though logistically challenging in that she takes this medication every single day), or (2) the DUI charge is bogus and should be fought.
She's already a stress case and it's almost finals week so this was a very unwelcome development that we're trying to put behind us as quickly as possible. If you have any relevant experiences to share or can recommend a lawyer in the San Diego/Encinitas area with prescription drug DUI experience, it would be extraordinarily helpful. I love you, AskMeFi.