If blood comes back clear, will I still be charged with DUI?

Q: What are the limits for controlled substances Oxicodone, Percondan and Ambian? I was driving in the dark on unfamiliar road with no street lights and oncoming traffic with bright lights. My vision went double. I dropped a cigarette and reached for it. I fell down a flight of stairs 8 wks ago and still have black and blues on my face. I do take meds, some controlled, some not, but they taken earlier in the day, like 8 or 9 hrs before incident. Can I seriously be charged for taking prescribed meds?

A: You can, seriously. If you have controlled substances in your blood for which you have active prescriptions for, you can be charged if the laboratory test results can show that the levels were beyond the prescribed limit. This is difficult to do but can be done. The Commonwealth would add to this evidence the testimony of the police if your behavior was consistent with being under the influence. If you are charged, I would hire a lawyer to look closely at the blood test and maybe even petition the court to have your blood sample tested by an independent lab. Good cross examination of the Commonwealth’s “expert” at the preliminary hearing, if one is called, could really benefit you.

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