It is very grey and confusing. Some police officers are better than others and they understand if the person told them they had taken Tylenol. If the person told the police they had taken a certain medication that was recognized as being taken by everybody, then that would not be a big deal. They may not worry about it if the person said they had taken their vitamins or certain blood pressure medication they might recognize the name of, although generally when the police officer pulls somebody over, he has already made up his mind that this would be a DWI and that he would arrest the person.
Depending on what the person said they took and then of course if the person insisted on having a blood test or a urine test, it would be their defense when the substance that showed up in their system was not an impairing drug at all. At least the attorney who represented that motorist would be able to go to the prosecution and even to the court and even to a trial and they would be able to show that there was nothing there that would affect that person’s ability to drive.
This even applies to Adderall. We have been successful in cases involving Adderall where Adderall is a stimulant and alcohol is a depressant. Even having Adderall and depending on how much is in the person’s system at the time, which would be discovered by a blood test or a urine test, they would offset each other, which is why it becomes so important for people to hire an attorney who knows the field of DWI defense.
What Happens When The Police Pulls Someone Over They Suspect Is Under The Influence?
Most police officers are very poorly trained in DWI, but they know it a good thing to make an arrest. They know it is the politically correct thing to do but they will subject people to the same field sobriety tests that they would give to everybody, whether it was alcohol or drug related.
Most attorneys who are trained in the DWI defense field will know that there really are no field sobriety tests that are designed for drugs. The field sobriety test is the government term for it, and it asks the person to perform maneuvers involving coordination and balance tests. These were designed to detect the possibility the person had alcohol and would be over a .10. The police department gives everybody, drug related or otherwise, these field sobriety tests so everybody who is pulled over and accused of DWI is pretty much treated the same.
What Are The Consequences Of Refusing To Take Some Form Of A Drug Test?
This would be a catch 22. New York is an implied consent state, meaning that when the person got their driver’s license, it was implied that they would consent to taking the sobriety tests the police offered. This would be on the condition that the police could demonstrate they had a legal right to stop the person and ask them to perform these particular tests. In New York, it would be an absolute right for the person to refuse to take these tests, although there would be certain consequences if the person refused to take them.
One thing that would happen is that the Department of Motor Vehicles and the court through the Department of Motor Vehicles would suspend the person’s license. They would then be given another date to have a hearing in the DMV regarding whether or not they refused to take a test.
This would have nothing to do with the criminal case at all, and it would just be in the Department of Motor Vehicles regarding whether or not the police officer had the right to ask the person to submit to these tests and whether they gave the warnings of what would happen if the person failed to take the test. The big warning is that if the person did not take the test, they would lose their license for 1 year and their refusal could be used against them on their criminal case.
With the refusal aspect, the person would have a right to refuse, but if they lost their hearing with the DMV, they would lose their license to drive a car in New York for a year regardless of what happened to the criminal case.
I always tell everybody it would be much better to not submit to any of these tests with the police, and to run the risk of losing their license for a year because they would definitely have a much better chance to be successful in defending their criminal case as opposed to giving potential evidence against themselves by submitting to their tests, their interpretation of the tests and even submitting to a blood test, urine test or any other chemical test.
For more information on DUI Prescription Meds & Traffic Stop, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (516) 679-0400 today.