As nationally known DUI lawyers we receive a lot of questions regarding drinking and driving. We wanted to answer several questions that were recently submitted. These questions concern taking prescription drugs on probation, how slurred speech can be caused by a medical condition and whether “sucking on pennies” is just one more “urban legend” about DUI.
Question: My DUI was in Johns Creek. I don't feel comfortable telling my probation officer that I take certain prescription drugs. I know I shouldn't be embarrassed but I am. Do I really need to tell my probation officer about my drugs?
Answer: Yes, you do need to inform your probation officer of the medications you are prescribed. If they appear in a probation drug screen you run the risk of having a violation, which could mean going to jail. You should in no way be ashamed about any prescription medication you require. If you tell your probation officer, then you cannot be charged with a violation. We have found the probation officers in Johns Creek to by understanding of various medical conditions for our DUI clients.
Question: I got charged with a DUI in Sandy Springs. I had slurred speech. But I didn't have that much to drink. I get allergic asthma from pollen, pet dander and dust. I admit that the Sandy Springs police officer must have thought I was drunk because I sounded drunk. But the slurred speech is from the allergies, not any booze. What should I do?
Answer: You need to collect your medical records from your doctor to demonstrate that you have a true diagnosed medical condition, allergies, which casued slurred speech. You don't state whether you have taken a breathalyzer test or a blood test. If you did, that could be important in helping your defense. Of course, if you test positive for alcohol and/or drugs, then the tests will hurt your defense.
Question: I was getting stopped by a Marietta cop and I sucked on a couple of pennies. I was told that this would help me not test positive for alcohol on the b breath test. But I tested positive for alcohol and I got arrested. I also looked kind of stupid when the cop saw me sucking on pennies. Does sucking on pennies really help on a breath test for drinking?
Answer: As DUI lawyers we hear about many ways that are supposed to “fool” a breathalyzer. This is an area of many “urban legends.” However, we have not heard of any that actually have been proven to work. We answered a question about Sriracha sauce and its ability to mask a breath test. Call us and let us know if your case is in the Marietta Municiapal Court or in the Cobb County State Court. There are different tactics for cases in the Marietta Municiapla Court and the Cobb County State Court.
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