My husband is on probation for assault on a family member and the other night he got pulled over in another county and charged with a DWI for taking a presciption pain pill that he had for a surgery. His probation officer is sending his papers back to court. What kind of trouble can he get in to. His probation charge is a misdemeanor charge.

He could be warned; he could be sentenced to jail time (which he avoided when placed on probation); he could be fined.

It's almost impossible to guess.

What type of testing was done? He took a prescription pill but the test came back DWI, not driving under the influence of medication, prescribed or otherwise? That doesn't make sense to me.

Our brother in law was a former cop and informed him to never take a test if they asked. So he didn't take anything.

What medication was he on? Was your husband advised not to drive while taking this medication? Was he drug tested and was that the only substance in his system? It's obviously not illegal to take a prescription pain medication under proper medical supervision. If everything is as cut and dry as your thread suggests then I would think you have nothing to worry about since apparently no laws were broken. He'll probably get a lecture for driving while on the medication and all the more scrutinized for the remainder of his probation but under these conditions I wouldn't anticipate jail time because of this.

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Our brother in law was a former cop and informed him to never take a test if they asked.

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I'm not sure that's an option for someone on probation.

I think that a big issue to is that he was not suppose to leave the county. The county were he got the Dwi is talking about maybe lowering the charge but his po here doesn't care.

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Originally Posted by Sterling steel

Our brother in law was a former cop and informed him to never take a test if they asked. So he didnt take anything.

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I understand that they are not always accurate. However, in some states refusal will still get you booked and charged with DUI. It is NOT a crime to refuse the PBT. However, an officer may use an individual’s refusal of a PBT as probabe cause to arrest the individual for DUI or BWI. When you are asked to take a Breathalyzer test, you do have the right to refuse. However, you should think about the consequences of refusing. If you are in doubt about whether to take a Breathalyzer, you can always ask to speak with your attorney. At that point the police will end all testing, including the Breathalyzer. However, you will still be booked for the DUI. If you are confident that you are below the legal limit. You can take the Breathalyzer test and then you will be free to go on your way if you are below the legal limit.

In his case if he hadn't been drinking at all and was simply on a medication, it would have required field sobriety testing and more to determine that he was under the influence.

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Originally Posted by Sterling steel

Our brother in law was a former cop and informed him to never take a test if they asked. So he didnt take anything.

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Let me get this straight - he's on probation, he hasn't been drinking, he gets pulled over on suspicion of DUI/DWI... and he refuses to take the breathalyzer.

So now he's charged with DUI/DWI because of his refusal?

He wasn't supposed to leave the County but he did and he was arrested in that other County?

I'm sure you don't know the answer to this but why would a former Police Officer advise ANYONE who has NOT been drinking to refuse to be tested?

This could have all been over and avoided at the side of the road that very same night.

Makes little or no sense to me.

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Originally Posted by s_cianci

What medication was he on? Was your husband advised not to drive while taking this medication? Was he drug tested and was that the only substance in his system? It's obviously not illegal to take a prescription pain medication under proper medical supervision. If everything is as cut and dry as your thread suggests then I would think you have nothing to worry about since apparently no laws were broken. He'll probably get a lecture for driving while on the medication and all the more scrutinized for the remainder of his probation but under these conditions I wouldn't anticipate jail time because of this.

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Without knowing the terms of probation you cannot say this - it's been posted before and several of us have direct experience where one of the terms of probation is NO medication, not over the counter, not prescription, not street UNLESS written permission is granted. The blanket "they can't keep you from taking medication" statement is simply not true.

You did read that he was ordered not to leave "his" County but did and was, in fact, arrested in that second County, right? That itself is a violation.

In view of the refusal to take the test (which makes no sense to me and I can't imagine it will make sense to the Judge) I see some time in jail.


OP will hopefully come back when this is over and let us know.

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Originally Posted by Asinineo8

This whole story has many holes in it.. I mean first of all what state are you in because laws vary from state to state. Second what are the terms of his probation? Any substance priors? Why did they pull him over? If he wasnt drinking why would he refuse? What kind of testing did they want to do? Breath, blood, urine? What drug was he taking when he got pulled over, hydrocodone, morphine, paxil?

The crossing county lines thing in my un worthy opinion is garbage at best because 30 feet to either side of a road can mean the difference between counties. Need more info or at least accurate info.

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If probation requires that a person NOT leave the County you are incorrect - 30 feet IS "leaving the County" if the PO wants to stick to the letter of the law.

Hello:

For what it's worth, I've NEVER heard of someone being confined to ONE county while under supervision. That's my 2 cents and I'm sticking with it.

excon