View Full Version : Are all DUI's created equal?
Anyone have any experience getting a DUI that is not alcohol related?
In this case, I'm talking about taking a sleeping pill, falling asleep at the wheel and causing an accident. You fail a field sobriety test, but blow a 0.00 at the police station. You're issued a DUI, but do you think it still has the same consequences as an alcohol related offense?
vince
02-04-2008, 02:07 PM
Im assuming that its similar and the city will put you through the same process. Thats why they word it driving under the influence of drugs OR alcohol. They just want thier money and dont really care about the details.
jackmode9316
02-04-2008, 02:16 PM
Well how did/would they prove you were actually under the influence? A blood test? A UA?
They do have to have proof beyond a resonable doubt. Seems to me that it may be a bit easier to get out of the charge.
Nick_S
02-04-2008, 02:18 PM
I would say its the same. Just because my buddy who got a dui for weed wasn't even smoking at the time or the day. They gave him a piss test and he failed and got a full out dui. Also there are warnings on the pill bottle that state not to drive may make drowsy and such.
Ashton
02-04-2008, 02:30 PM
Ambien? I know someone who's facing jail time for driving under the influence of ambien and causing an accident... But that's in Kansas. It's no bueno that shit fucks you up. Also they can't test for it because if you legally have a prescription for it then you're going to test positive for it. It's like if you're caught driving under the influence of vicodin. My guess would have to be that it would depend on the severity of the accident. I doubt they will treat you the same way as an alcohol related offense. Get a lawyer.
5thgenownr
02-04-2008, 02:37 PM
I would think it would be treated the same. Because your under the influce of something that has a warning that states that driving a vehicle is not a good idea.
jackmode9316
02-04-2008, 02:37 PM
Get a lawyer.
Best advice IMHO!
meat-market
02-04-2008, 02:51 PM
yup they are the same, if its drugs they can do either dui or dwai
( driving while altered or impaired.. )
same treatment, same classes, same fines.. same bullshit..
I don't need any advice, I'm just curious.
Brandon
02-04-2008, 03:07 PM
I would say yes.
If it were me, I'd say I fell asleep and that I had not taken any pills. Careless driving < DUI
Failed a field sobriety test, blew a 0.00 BAC, then went down to the police station and supplied some urine. I think you'd have to pass the field sobriety test to get out of the piss test.
2genCRX
02-04-2008, 06:35 PM
my bud in silverthorn get a dui for driving while smoking pot, they it was dropped to a dwai, as most dui charges are. lost hil licence had to do the same level II classes and community service. basically the same punishment i received for my alcohol related dui but i lost my licence for longer since i was a minor at the time.
point of the post is, i don't think it matters what you are "on" if it impairs your ability to drive. alcohol is just the most common medium to said consequence.
yup they are the same, if its drugs they can do either dui or dwai
( driving while altered or impaired.. )
same treatment, same classes, same fines.. same bullshit..
its driving while ability impaired btw.
Weston
02-04-2008, 08:56 PM
It's the same statute and same potential consequences, but the line between sober and intoxicated is just more clearly defined for alcohol, because they have certain ranges of BAC that are legal, DWAI, and DUI. The law doesn't have predetermined limits for other intoxicants, so you're at the mercy of their interpretation and judgment.
12seccivy
02-06-2008, 12:05 AM
I would say its the same. Just because my buddy who got a dui for weed wasn't even smoking at the time or the day. They gave him a piss test and he failed and got a full out dui. Also there are warnings on the pill bottle that state not to drive may make drowsy and such.
Something about this don't seem right!
I thought they had to prove you guilty.
If they can't prove you were under the influence at that point and time, If they go off of failed piss test and didn't determine the toxic level then you would be able to get it thrown out of court.
jackmode9316
02-06-2008, 09:54 AM
Something about this don't seem right!
I thought they had to prove you guilty.
If they can't prove you were under the influence at that point and time, If they go off of failed piss test and didn't determine the toxic level then you would be able to get it thrown out of court.
Well it doesn't work that way. IF They piss test you and you have high levels of THC in your Urine, you are pretty much fxcked if they decide to actually bring you in and test you. Although I have been pulled over while smoking, and they didn't pull me in. Although they did search my car. Well I wasn't exactly driving, but they pulled up on me while I was pulled over to the side.
12seccivy
02-06-2008, 10:29 PM
Well it doesn't work that way. IF They piss test you and you have high levels of THC in your Urine, you are pretty much fxcked if they decide to actually bring you in and test you. Although I have been pulled over while smoking, and they didn't pull me in. Although they did search my car. Well I wasn't exactly driving, but they pulled up on me while I was pulled over to the side.
That sucks!(though I don't smoke)It seems like they would need to PROVE you were under the influence at the time of the crime.
I would get a lawyer and fight/sue. especially if I wasn't stoned at the time.
I thought a blood test gave more accurate results. I could be wrong though.
jackmode9316
02-07-2008, 12:24 PM
That sucks!(though I don't smoke)It seems like they would need to PROVE you were under the influence at the time of the crime.
I would get a lawyer and fight/sue. especially if I wasn't stoned at the time.
I thought a blood test gave more accurate results. I could be wrong though.
The problem is that the THC content stays in your urine long after you smoke. As far as blood....it stays in even longer. You THC levels won't be much different if just smoke the day before than it would if you just smoke an 2 hours prior, so it makes it hard to determine. Needless to say they don't give you the benefit of the doubt. In fact with Urine, THC levels have something similar to a half life every time you piss. Its also depending on frequency as well. There is a Really detailed article floating around somewhere.
Getting a lawyer is always a good idea.
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