Prescription Medicine and Alcohol Case
State v. D.W.
Blood / Alcohol Content (BAC):
Exclusion of evidence of consumption of prescription drugs
Matthew B. Nichols
Operating Under the Influence (OUI, DUI, DWI)
364 days in jail, 90 days license suspension and $2,000 fine
Client was stopped for erratic operation. Client admitted to consuming alcohol and prescription medications. The label on the prescription medications indicated that they should not be taken with alcohol and they may exasperate the effects of alcohol.
By way of a pretrial motion Attorney Nichols was able to have the Court exclude evidence of the consumption of the prescription medications because, among other things, the State was unable to produce a witness who was qualified to link the quality or quantity of drugs found in defendant’s urine to impairment of client’s mental or physical facilities.
The jury did hear that client produced a .05% BAC test result on the Intoxilyzer. However, Attorney Nichols was able to successfully argue that that amount of alcohol was below the per se .08% BAC limit as well as the State failed to prove beyond a reasonable doubt that that blood alcohol concentration level was sufficient to impair client’s mental or physical faculties.
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