I am not directing this at anyone in particular.

I just got to thinking...the last thing we TOSers need is a DUI.

There have been car wrecks in our little community that we all have shared, and one scary aspect of that, or getting stopped, is that we could be picked up for DUI if we are on pain meds or altering meds.

I stopped driving in 03 because of my neck mainly - but I also never wanted to get a DUI from being on meds. It really scares the poop out of me. Having TOS and doing ANY jail time would be absolute hell. I did risk it if my daughter had an emergency - should not have though...It was a risk to me, to our finances, and to the rest of the people on the road...I was lucky I got to her and back ok.

Anyone on meds - and I'm not preaching but just warning what the courts do - they will treat you like a criminal and you'll go to jail plus the $3000 in costs and alcohol / med school for a min. of three months, not including what the DMV does if you're here in CA.

Even though we don't feel impaired, a judge will simply look at what you are prescribed and come to his/her own conclusion.

So again I'm not directing this at anyone - it just popped into my consciousness, as I was wishing I had my car to get to the grocery but then thought it through that I really can't drive with my pain level anyways, and then thought about the meds issue.

Please consider this personally, no need to post...

Thou art SO correct!

Actually, my Husband pointed this out to me a few years ago (after following me driving one of our cars to the mechanic). We are both in law-enforcement, and I was really surprised at how right he was!!

Tam, I am ashamed that I had not passed this wisdom on at the time. You may have saved some lives...NO JOKE!!

Pay attention to the meds, when and how recently they have been taken. Especially take the time to understand how your body reacts to ANY change in medication.

We are not always aware of how 'loosey goosey' we are, especially for the first few hours after intake.

Many, Many DUI's are from medication, not alcohol. Not a good idea for adventure indeed.

Anne

Thanks Anne for the confirming post...

And also, even if we don't feel impaired at all, the scariest thing is that they will just take you in anyways, take your blood, and sure, you can pay $5K to have an attorney try to prove that we're used to our meds, and it didn't impair us on that date, but again, if it's a judge, I feel he or she would just look at the list of some of our meds and BANG of the gavel, jail time, etc.

Or, if it's a jury, they are going to think, hhhmmm, she's so disabled she can't work, and she's qualified on Social Security and Medicare, and then on these meds, and she's driving and putting my life at risk? Nope - guilty!

So as innocent as we may be in fact, the politics behind it would get us, I fear.

And again, what could be worse with TOS than getting hauled off to jail, so uncomfortable, then the costs, the hearings, and the risk of a civil suit if we are in an at-fault accident and are not properly insured (high enough $.)

At the least, everyone check your liability amount and make sure if you were sued, you would be covered enough so that the person would not come after your home, etc. Don't just cover the "minimums" by law, if you are a homeowner.

God bless, we're in this one together!

Perscription medication,
Tam that is a touchy one. If you take perscription medicaiton and the blood work shows a theraputic dose, there is no law in PA that says you are under the influance if in an accident. Accidents are that because they are accidents.

With DUI or medication under the influance for a charge you have to be under the influance of alcohol or medicaiton; not theraputic or illegal to impair.
If a doctor does not tell you not to drive and revoke the privelage in PA, and your levels are the theraputic there is no law broken.

IF the levels are abused, if your medication states not to drive, your doctor instructs you not to drive you have problems.

I had a local PD pull over my daughter just because she was driving 10 miles over the speed limit and took her DUI as he knew she took oxycotin. It should only be a speeding ticket.....First thing the Judge asked was what is the PC?

The case was thrown out. If she never crossed the lines, never went into oncoming traffic, did not run lights, or off the side of the road, there was no PC,

Can not ask to take a drug test for DUI, only if the cause that medication was not theraputic to request Drug test...But if there is theraputic levels and no violations, just speeding, traffic ticket for speeding, no DUI .

IT is a violation of civil rights just becasue someone take perscription medications to be cited DUI without cause. An accident is not alone cause. There is a lot more. Much can not be made by observation either, as anyone in an accdient is confused or disoriented.

You can do your own test like, walking the line, holding the foot out, couting backwards, touching finger to the nose. Now do you fall over, stumble, forget the second no? There may be some problems and meds need to be decreased to drive.

A lot of the time, it is lack of good sleep, and lack of confidance that leads to poor driving habits.

Do you find you have near misses, run a stop sign, do not see someone with breaks on, miss turns and end up who knows where (although I do this froim stress). A near misses, be concerned, three there is a potential problem.

The whole key is keep it theraputic, and too many medications with warnings not heeded.

Someone could take a cold formula and drive the same way, would they get a DUI? If the BAC is lower then .08 not here in PA.

Unless there is illegal or over the perscribed limits, there is no DUI, in PA.Not since the incident we had three years ago.

We all can use our good judgement, and listen to family if they see really off driving patterns.
di

Di,

I clearly state my info. is based on CA. Whether a level is therapeutic or not, it is whether one is or would reasonably considered impaired at that time. Proving what you took and when is difficult if you have no witnesses to that - and besides, it goes again to say you'd already be arrested, have to hire a lawyer, etc.

It all depends on what the officers may ask you.

And YES, in CA if you take an over the counter cold medicine, and you are legally stopped and asked what you've taken and / or you seem impaired by observation, you are taken under arrest in CA for DUI. That's why I'm writing this post!!! Most people don't know that this is how the law works in CA.

AGAIN, with TOS, I don't want to sit in a holding cell with no blankets, food or meds for 15 hours waiting to be bailed out...It would be nightmarish. But everyone can check their own state. In CA, there is absolutely no need for a doc to say a word. It would be just more evidence AGAINST you if you had been admonished not to drive in medical records...

This may only be for CA, so please check your state in particular.

Just to really, really make this clear: I was thinking about this today, and it is NOT directed at anyone, just to let you all know how scary an event could turn into, and you can make your own decisions. OK?

Tam, If any one on this board is ever cited for DUI without PC, and has to hire an attorney and the BAc and drug test show theraputic levels, the police department is going to have some real liability issues. In any state they have to have PC. Unless the person driving is abusing their medications and the drug test shows that. Then they do not belong on the road.

A good doctor can look you in the eye and tell you, you should not be driving.

Those on medications with concerns of legal driving problems should talk about it to doctors.
I could tell someone was on something. I had a pharmasist out of Phila driving several miles, many people complaintaints, and I saw him hit street signs and almost run into an accdient scene I was on.

HE blew a .00 in the Breathalyzer. We had the PC test on video. He was asked to submit to drug testing as from the observations something was wrong.
It turned out to be valium and vidcodin which he had no perscription for.

I can meet many many TOsers, and off the top I would be able to tell if they could not drive. Never met one yet.
Even as lay folks or family members we can tell if the loved ones could not drive.

If you are a toser and all over the raod, do not know how you got where you were, speeding, too slow, rear end a car a few times, or nearly do, your meds need adjustment or stop driving.

But, even mental problems can cause temporay reasons not to drive, severe stress, inability to concentrate, make one innatentive to drive. Not DUI but inatentive, negalgent perhaps.
Just thinking out loud.
I felt in your warning it was really saying no one talking meds should be operating a car.
But, we can without worrys if things are OK with us.

I did not even allow my daughter to drive, I took her taxi running. She took her brothers car. She deserved a speeding ticket, she did not deserve to be thrown across a hood of a cruiser, forearm agaisnt the neck knee into the lumbar to drop her to the ground, as she cried not to cuff her to give her a ticket for speeding, and she would have me come get her.

They said No we know you take oxycotin your are under arrest.
Civil court, the police dept lost...she traveled over three miles with no traffic violations except speeding the judge rulled no PC.

She ended up with double vision, annular tear in the lumbar and severe brusing under the arm pits and upper arms. and face black from bruising.
I guess that is why I advocate that in the end she had her justice and police learn now they have a liability.
di
You can not be arrested until the BAC or drug test comes back. A DA's office is not going to approve an arrest or need for an attorney if the burden is not met is my experiance.