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Q:  Will I win if I take my prescription DUI charge to trial if my levels were low?

I was involved in an accident. They took my blood and had Xanax and morphine in my system in the state of California. I have a prescription for both and I hadn't taken any of my prescription drugs the day of the accident. It had actually been almost 24 hours since I had taken the drugs. The lab test came back and my levels were Xanax 111+4ng/ml and morphine 89.5+4.7ng/ml. I'm not sure what the legal limits are for these drugs to be in my system. I was not impaired at all at the time of the accident. Someone had just cut me off and I lost control of the vehicle.


A:  You need to consult with an experienced criminal offense attorney, and one who has done DUI trials. An expert with knowledge in forensic otoxicology would have to be hired probably to assist in your defense. There is no set rule in determining what amount of prescription drugs in your system to make you intoxicated or impaired. But I guarantee that the criminalist the government has testify against you will always say that in his or her opinion you were impaired