San Francisco, CA asked in DUI / DWI and Criminal Law for North Carolina

Q: Can you be convicted of DUI while on prescribed medication and sinusitis, and concussion?

I'm disabled on medications phenobarbital, synthroid, Fetzima, Latuda, Lanisapryl Armidiinil, sudafed, guaifenesin. Was sick with sinusitis. 1 concussion 7 months earlier caused by Rowan County sheriff's deputies and their supervisor. I was giving sobriety for over 1 hour. I have phenobarbital, amphetamines, meth amphetamines in my blood. My case is complex.

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2 Lawyer Answers
Amanda Bowden Johnson
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  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: If you were charged with DWi, your case is not really complex - you either drove while impaired or you did not. If you are asking can prescription drugs be the basis for the impairment, the answer is yes. You should consult with a local DWI attorney ASAP. Best of luck.

Ray Flavin
Ray Flavin
  • DUI & DWI Lawyer
  • Woodstock, IL

A: Unfortunately, the answer may be yes. You should immediately talk with a lawyer to have them look at the evidence in your case and help you determine whether you should proceed to trial (or file a motion to dismiss the case before trial). DUI cases are very fact specific, meaning that the outcome usually turns on what is featured on the video or in chemical tests.

Also, DUIs often have suspension which are connected with them. You will want your attorney to file motions to throw out the suspension, if appropriate in your state.

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