Getting a DUI can be an embarrassing and difficult event. If you have not been drinking at the time of a DUI, but are reading at a positive due to cold medicine, this is even more difficult to deal with. If you have been taking cold or flu medicine and had to drive, your may read on the breathalyzer test even though you have not been drinking. Here are three steps to fighting a DUI caused by cold or flu medication.
Insist on being taken to the hospital
the best thing hat you can do to fight a bad DUI breathalyzer reading is to ask to be taken to the hospital. By being escorted to the hospital, you are remaining in compliance with law enforcement, but you will be able to get blood drawn for a blood reading. A reading of your blood alcohol level is likely to be more precise. Even if the police still intend to take you into custody and charge you with DUI, the blood alcohol reading can be used to fight the DUI charge in court.
Hire a lawyer that night
Once you have your bail situated, you should contact a DUI attorney. You will need a DUI lawyer immediately because you want to be able to relay what occurred during the traffic stop while your memory is still fresh. Once you are released from bail, you can describe which cold medicine you took that night, tell them which hospital you went to, and any other occurrence during the arrest. Your attorney will be able to collect the medical information from the blood test on your behalf and get an incident or arrest report from the evening. With this information, your lawyer can work on getting the charges dismissed.
Get proof of illness
If you were taking cough and cold medicine due to being ill, you should get proof of being sick. This can be statements from a doctor that you saw before the arrest occurred. The hospital report from the night of your blood test may also include evidence of your illness and symptoms. Proof of missing days from work due to illness may also count as proof during your court case. While you may still get a moving violation or be held liable for reckless driving, you will not face the same charges and legal punishments that a DUI would bring. Plan out how to prove your illness and the best way to present the court case with your attorney in order to have your DUI dismisseed.
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