Articles Tagged with Xanax dui

Suppose a police officer asks someone suspected of a DUI in Los Angeles to consent to a test to measure the blood alcohol content in their body. If the blood test turns up evidence of drug usage—which the officer did not mention in his request for that blood test—can the state use those results to win a DUI conviction?xanax-Alprazolam-DUI-los-angeles

The Minnesota Supreme Court recently addressed a similar question in a ruling in a 2014 DWI case. According to a report by Minnesota Public Radio, police requested a warrant to draw Debra Fawcett’s blood after she ran a red light and caused a two-vehicle crash. Fawcett admitted to drinking a few beers earlier in the day.

The test results showed that Fawcett’s blood was alcohol free. However, they also revealed that she had THC (the active ingredient in marijuana) and Alprazolam in her bloodstream. (Physicians often prescribe Alprazolam, better known by its trade name Xanax, for anxiety disorders.) Fawcett did have a valid prescription for the drug.

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When you hear a report about someone arrested for a DUI in Los Angeles, your immediate thought might be that the person had been drinking too much alcohol before getting behind the wheel. But other substances can cause impairment similar to alcohol’s effects.xanax DUI los angeles

Television station WAFF in northern Alabama reported in June that state police are seeing more and more cases of motorists driving erratically after taking prescription drugs like Xanax. In one case, a man used Xanax and codeine before driving, eventually running off the road in an accident that killed his seven-year-old daughter.

Police officers have a problem when it comes to determining whether a motorist has been impaired because of prescription meds. They can immediately get a fairly good gauge of blood alcohol levels by administering a breathalyzer test. But the breathalyzer can’t detect the presence of prescription drugs. Police officers need a laboratory to conduct those tests, and long waits for processing samples at state labs gums up the system and leads to lots of delays.

Critics say this “how do we stop prescription drug DUI” problem now challenges law enforcement all over the country. In Fresno, California, on Friday, June 5th, police responded to two separate accidents that involved DUI and prescription drugs. ABC 30 reported that Alyssa Gonzales, age 18, slammed into David Torres when he was stopped at a red light. The accident killed Torres and resulted in charges against Gonzales, who allegedly had been taking a prescription for a spinal condition.

A few hours later, 38-year-old Denise Lago, under the influence of prescription drugs, swerved into oncoming traffic. She caused a four-vehicle accident that killed Ken and Jeannine Balderrama, who were riding a motorcycle. In an ironic twist of fate, the defense attorney representing Lago is a cousin of David Torres, the man killed in the earlier accident.

As a frequent contributor to respected media, like The New York Times, The Los Angeles Times and Good Morning America, Los Angeles DUI attorney Michael Kraut of the Kraut Criminal & DUI Lawyers understands what it takes to build successful defenses in complex DUI cases. Contact him and his team today to schedule a consultation.

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