Q: I got stopped for expired tag, I didn’t drive faulty and obeyed all traffic laws, officer noticed that I had slurred speech and saw bruises all over my body and mud. He also noticed that I couldn’t follow directions he asked me to do hgn test 6/6 cues then did walk and turn 8/8 cues and 4/4 cues on one leg stand there was a small rain shower while the tests was performed. I am prescribed glasses but wasn’t wearing them that day. I stumbled several times while being placed under arrest and made strange comments at times when I got to the station an EMS drew my blood which tested positive for phenazepam and mitragynine the exact concentration of the drugs was not provided. Can the government provide this state beyond a reasonable doubt in your opinion?
A: You can be arrested for DUI if in the officer’s opinion, it appeared that you were incapable of safe driving due to being under the influence of alcohol or a controlled substance. If your testing came back with a controlled substance in your system, there is probably sufficient cause to arrest you. Provided however, they will need to prove that you had no prescription for the drug in your system or the level in your system was beyond the therapeutic level. The last time I visited this issue the Commonwealth had to send the blood work out to an independent lab and call and expert for trial. You should see an attorney about this as you may want to contest this until you see the proof.