Alcohol & Drugs: DUI, DWI First offense DUI, two charges

[sahrakc]

First of all, yes I have already posted questions regarding my first DUI, and had them answered. This question is for a friend of mine who also just got her first DUI a few night ago.

She was pulled over the other night, and received a DUI charge, failure to drive in a single lane, failure to use a turn signal and driving under the influence of drugs. She WAS NOT in drugs. During her arrest, her arresting officer asked her if she takes any prescription drugs. She said " I take xanax for anxiety" and I guess he assumed that she was on it at the time. But the truth is, she hasn't taken any for weeks.

She was taken to Douglas County jail that night, and kept there until the judge released her on PR bond the next day. She goes to court today. I have told her I think she needs to get an attorney, but I am wondering if there are ways for her to prove that she wasn't on any drugs at the time of her arrest?

Also, is there any way for her to prove that herself, or does she need to have an attorney to help her do that? She isn't trying to get out of the DUI or anything like that, but the drug charge makes this a much bigger case and she doesn't want to be convicted of something she didn't do.

 

[army judge]

She needs an attorney. Those charges can be fought, but not without the benefit of counsel.


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[sahrakc]

That's what we assumed as well--however just for the information of those who might read this for their benefit, she did go to arraignment the next day without an attorney and the D.A dropped the drug charge no questions asked and dropped the DUI to a lesser charge as well.

 

[mightymoose]

Reduced charges or not- if she wasn't under the influence she shouldn't be accepting any charge other than the signal/lane violations.
If she was arrested for being under the influence then there should either be a blood/breath analysis.
Personally, if the info above is true, I would fight anything other than the simple traffic violations. If she did have something in her system, Xanax or anything else, sh better not risk it.

 

[sahrakc]

She was guilty of the DUI she was given for alcohol--that was tested and proved with a roadside. The xanax on the other hand, she was not guilty of, and merely mis-understood what the officer was asking her. After sentencing she was required to take a one-time drug test, which I assume was ordered to ensure that she wasn't using any drugs at all, but the drug charge was dropped by the D.A. before she ever saw a judge.

 

[msphilly433]

What was her BAC?