Hello all I was just given a DWI for haven taken a xanax four and a half hours, before being stopped. My question is How long does xanax effect your ability to drive? Is it possible to beat a DWI of this nature? I was given the roadside sobriety test on the most uneven ground I've ever seen. Needless to say I didn't do so well. I was then put in handcuffs, and taken to jail. once in jail I was subjected to a physical that lasted over an hour and a half. My pulse was checked three times during the physical along with my blood press, I also had my nasal cavity inspected, my mouth, my pupils were mesured no less than ten times in the light, and four times in the dark. My pulse was beating at 130 bpm at the begining, 114 bpm at the end. I was then re-given the sobriety test, I again failed. Could the stress of the test caused elevated heart beat, or the inability to pass the sobriety test? I guess they suspected me of being on meth or something I hadn't admitted being on cause then I was subjected to an urine sample. I have a witness that will testify that I was of sound mind and was able to drive. also, I blew a .000 on the breathalizer. I was fair and honest with the police and ended up in jail. The xanax I took was peach in color and shaped like a football. So what do you all think?

I have NEVER heard of this happening - I'm pretty sure if you didn't have any alcohol or illegal drugs in your system there is no way you could get a DWI...if you were driving bad I could see them giving you reckless or inattentive driving or something but DWI for a prescription drug? I may be wrong but that sounds like a HUGE mistake on the police's part. Did you tell them you had just taken a Xanax? I would strongly urge you to get a lawyer ASAP and put those jerks in their place.

Maybe its different in other states, but I didn't think you could get a DWI or DUI or get put in jail for having a 0 breathalizer. Just reading this ticks me off. Xanax is a prescription! Would they give you a DWI for blood pressure meds or insulin for diabetes?? Get a lawyer and fight this!!

Also, the dosage you have is what I take - .5, which is a tiny dose, so its not like you had OD'd either.

I have had many friends tell me I should fight this. I think I was getting worked over. I was told it would be "better for me" to tell them of "any" drug that I had ingested. I told them I to a peach football at 7:00 PM got arrested at around 11:30 PM. They kept trying to get me to say "xanax bar".

Still, even if you did say Xanax, there is nothing wrong with driving after taking a Xanax. It is a commonly prescribed med for many many conditions. There is a warning on the bottle that it could make you drowsy, but so does any cold med off the counter. Next they will be pulling you over and giving you a DWI for taking Nyquil!! My God.

p.s., what's a Xanax bar? I've never heard of that. Did they just mean pill?

It's a high dosage that is perscirbed in Mexico, brought across the border, and sold on the black market. Possesion is a felony.

HI,
A Xanax Bar is also a 2mg rectangle bar, it is a very high dosage and almost NEVER Prescribed.
However, what I don't understand-and would help me understand this as my Son in Law is a Detective so I can talk to him freely. Anyway, I take 5mg of Xanax a day for Severe Panic Attacks. What you discribed is definatly a 0.5 Xanax. Very low dose as the other poster mentioned.
But what confused me and probably the officers, is you did not mention the dosage or show a prescription bottle. You mentioned a peach football shape. Any Cop would take that as you not knowing what you took and was impared & a possible overdose case and getting you off the streets.
By you saying the color and shape, tells ME, you don't really know much about the drug yet.
How long have you been on it? Why didn't you tell the officer the dosage instead of the color & shape?
I would take the bottle with me everywhere I go, so it can be shown to people like that.
I am not trying to be mean or anything, I am just trying to show you what the officers were probably thinking (as my Son in Law would have).
One of the questions where probably "why you didn't know the dosage, just the shape & color".
I don't really expect an answer to this next question, but it IS just between you & I. But= Is it YOUR prescription? and if yes, how long have you been on it?
I am being asked to take Methadone as well for Back & Sciatica Pain, However I don't know if I want to or not yet as I know nothing about it.
I do hope I hear from you, Because if this is a legal prescription and in your name (could of been proven though a call to the pharmacy), then Yes you can fight it. The officer will have to go to court and tell his side of the story (as in trying to protect you), and you can fight it saying it made your anxiety WORSE, he could of had you call for a ride home or escorted you, not taken you to jail.
StarDust

I do have anxiety, I was formerly on Paxil. No it wasn't my perscription, but I did have an attack. I did take the xanax five hours before I was stopped. I did run a red light (rolling stop). I admit to that but I was not impared. I believe that it is not against the law to take a med that is not yours, I think it is only against the law to possess it (in my state). This is a subtle distinction, I know, but that's how the law was written. I find it hard to believe that I was still under the influence of the xanax, as my anxiety was high also causing my heart to race at 130 bpm, for over an hour and a half. I find it hard to believe that I will lose my drivers liscense for taking a pill that wasn't mine for a condition that I do have but can't afford to medicate. By the way I stopped taking paxil because I could't afford that either. I was acctually considering going to a doctor before court, so that I could at least be diagnosed, so that I at least have some defense. I know that wouldn't be able to afford the script, but a diagnosis should at least be better than me saying I used to take paxil. I was diagnosed with anxiety a few years ago but I feel more recent evidence is my best shot. I feel that if I lose this case it would be a failure of the justice system.

Ok, Thank You for being Honest, that helps me alot. First thing- Xanax is a controlled substance and cannot even be shared without the rightful owner risking jail time and loosing thier Xanax permanently.
It is a Controlled Substance in ALL states.
When you show up for court, just take a copy of the original Diagnosis (it can be gotten from the original Doctor's office) and be HONEST in court. However you are not obligated to give the name of the person who gave it to you. The Judge will more than likely give you a fine and also an address of a place in your town where you can get free prescriptions, they differ by name, from the Vocational Rehab to the Welfare System. All States have different names for these places.
Dress Nicely so he doesn't think your a Drug Seeker and be polite.
Yes, you were wrong. Accept that honestly in court, only admitting to trying this once (as I am SURE this is the only time this has happened)! The Judge WILL give you a short lecture on drugs, especially other peoples.
But take his advice, follow his directions to somewhere you can get your own script and they fill it as well, and pay the fine if you recieve one.
You can't fight it, what you did was very wrong. I know the Xanax helped, but you don't know how easy it is to get addicted to Xanax and trust me when I say, you don't want to either, the withdrawal would make you want to die. It's not worth it.
Just trust me when I say, if you do this again and get arrested, you will be pegged as a druggy and your freind WILL be sought out the next time, arrested and loose HER Medication PERMANENTLY!
I am being Honest with you as you have been with me, so I can only Pray you take my advice. You can also look up Xanax anywhere online and when you see the withdrawal symptoms, don't think of them lightly, an example would be, that my Doctor DID try to get me off them, he even used PHENABARBITAL and nothing, nada. So I am still on them.
I hope this helps, And know that your Honesty is HIGHLY Commendable :) !
StarDust

Even if your driving while taking your OWN prescription medication, you may be impaired. It also seems to me that you don't really know what your taking. You can fight all you want to in court BUT, if they drew a blood sample from you and it shows Xanax in your system you'll be in trouble. The police had a good reason to stop you and preform field sobreity on you. I don't see how you can put the blame on the police. It makes me so mad that when someone does something wrong, they blame everyone else for their mistakes. Please don't be mad at my opinion, it just gets to me when the police are always to blame for EVERYTHING!!

Even if your driving while taking your OWN prescription medication, you may be impaired. It also seems to me that you don't really know what your taking. You can fight all you want to in court BUT, if they drew a blood sample from you and it shows Xanax in your system you'll be in trouble. The police had a good reason to stop you and preform field sobreity on you. I don't see how you can put the blame on the police. It makes me so mad that when someone does something wrong, they blame everyone else for their mistakes. Please don't be mad at my opinion, it just gets to me when the police are always to blame for EVERYTHING!!

I didn't mean to make it sounds like the police are the enemy, sorry if I gve that impression. I am definitely not an expert in traffic laws or medicine, but I find it hard to believe that they have the jurisdiction to throw someone in jail and issue them a DWI for having Xanax in his system. If they were concerned about his safety and the safety of other drivers, that's fine, but maybe they could have just made him find another ride home and given him a traffic ticket or something.

My point is just that from the story we have been told, it is wrong to be given a DWI because he had taken a prescription drug. I take Xanax as needed for anxiety and no cop or dr has ever told me not to drive, just warned me that it might make me drowsy. If everyone who was drowsy on the road got a DWI, not many people would have their licenses anymore. Last time I checked, it was not illegal to drive while taking prescription medication. Also, the legal description of DWI (not to be confused with DUI) is driving while intoxicated after consuming enough alcohol to raise the blood alcohol level above the legal limit. Obviously Xanax is not alcohol, and he did not have a blood alcohol level above the limit.

However I am not disagreeing with anyone about taking someone else's meds, that is definitely bad, but again, not grounds for DWI.

mjewell,
You forget the medication was someone else's and ILLEGAL! She's lucky to have only gotten arrested & released. DWI, DUI, Who cares, it's still Driving Under the Influence Or Driving While Intoxicated. Her Meth may have given them the idea she was intoxicated at the beginning, therefore wanting a sobriety test.
The tests they did on her at the station shows they were watching for an overdose. It was just a precaution for her safety.
If Heroin were legal (By prescription). Would you give it to a freind and then let them drive? You only know how you react to it. Not others.
I really appriciated her coming here for advice and being so honest. I actually commend her for it.
But please don't make it sound like an asprin. She wouldn't of come to this site if she knew how extreme it really is. Your opinion is appriciated. I'm just voicing mine.
The Best of Luck to you,
StarDust

I didn't have a blood sample taken, it was urine. I acctually know the sideaffects of xanax, as I have looked into haveing perscribed for my anxiety, paxil didn't help. I am in constant fear, of other people, and have a fear of people touching me. I find it hard to work with other people, except my few friends, and even they say I'm losing it lately. Anyway, I'm going to save up for a lawyer, try to get in touch with the old Doc, find a new doc, and hope for the best. I am not, trying to blame everything on the police, I do not disagree that I ran a red light, and will pled guilty. I was not, impared. I admited to having taken xanax, I didn't think that I was going to be arrested for being honest with the police. Anyway, I'm didn't come to argue the merits of what I did, I was just trying to find out where I stand. Sorry to those offended. I honsetly do have a problem. I do not want to take xanax daily, I would be happy with meds that could keep my fear in check, and something to take to calm the effects of an attack. One last thing, how long should xanax affect your driving ability? Thanks to everyone, sorry I don't have a script, for everybody who mad about that.

bwsinfonia13,
I am not mad, never was. Don't worry about me or anyone else, it's your oppinion that counts and what you learn on here.
I think you did the best that you could do under the circumstance's (sp?) and I know you don't want your freind to loose her script either.
As for Xanax, It takes 1 hour to be fully in your blood system and stays there for an average of 4 hours before slowly declining in your system. It only effects your driving until your body adjusts to it. Maybe a week or 2.
I couldn't take Paxil either, it made me sick.
Have you ever heard of "Agoraphobia"? I have that as well. I cannot go to new places, open spaces (like a carnival), I can't ride in other peoples cars unless I've known them awhile and begin very slow, short trips with them. The phone ringing scares me. I even fear people are looking at me and prefer to stay home.
There is no medication for Agoraphobia. Just a Therapist to talk to. It has helped me 100%. I am getting on my first Airplane in 2 weeks to fly from Florida to Montana to see my Son.
Alot of people don't like touched either.
You might find you have Agoraphobia along with Anxiety Attacks as they go hand in hand.
My Freinds did the same to me as well.
I think it is Horrible people can't get the Medication they need! You would of never been arrested if someone would of helped you get on the right meds.
I know the County Health Dept's have a program where they take prescriptions and fill them for you, all you need is to show you can't afford them. This is what my Son has to do. They even have Therapist's that volunteer, so it would be free.
Let me know how your doing, I'll be praying for you.
StarDust

hmm...did u tell them you took the xanax because I don't think it comes up on routine screenings.

The bottom line is Xanax is used as a recreational drug. When they asked or when you told them you took a peach football, you used a street name for the drug. Also called a white bar. Most people who take the drug for medical reasons would probably call it a Xanax. You sent up a red flag and had no prescritpion to show for it. It was my first impression too. Because you do not have a prescription and you admitted to taking the pill i think you are screwed. I take Xanax to relax me when I have to fly. The same ones you describe as peach football. I definitely wouldn't trust myself driving a car for several hours after taking the pill. I do have a low tolerance to medication but I could see how I could come across as "under the influence" while taking xanax.

I do think that Xanax would show on a routine drug screen if the test included benzodiazapenes.

It does.
This is why I carry my bottle with me at all times.
Stardust

You can get a DWI from taking nyquil, drinking alchohol, taking an illegal drug, or a prescribed drug, or an over the counter drug. Anything that impairs your ability to drive can get you a DWI. I know it seems silly for some of the stuff, especially when you feel you aren't doing anything illegal, but legally, if the officer deems you impaired, you have a DWI. You can bring it to court and possibly be able to fight it, but the cop has a good case. You need to become very educated in what DWI law is in your state before you try to say you weren't impaired. Good luck!

With the way the laws are getting (at least in my state), I am getting paranoid anymore to even drink a red bull or coffee If I'm going to drive. As for your case, I honestly had never heard of anyone getting a DWI for being on xanax while driving. However, like someone previous has mentioned you dont have a prescription for it, and it sounds like you were just taking it for recreation. You are lucky you didn't get charged with possession for it; and to be honest I'm surprised you didn't.

As for the actual DWI, if its your first one you probably wont go to jail for it, but the fines will be pretty steep and probation is a pain in the a$$.

Good luck

been awhile since I checked in. I went to my first court date/plea date, on Wed. Pled Not guilty. I have an appointment with my lawyer in the morning. I stated earlier that I acctually have high anxiety, extremely high, to the point that at 25 years of age, I have never been able to have sex, body won't allow it, I am male for the record. I just figured I could avoid that part of life. I can't meet new people, esspescially girls, my body seems to shut down, can't really explain. I just get what I call the fear. Most recentlyt I went to a club about a year ago, a friend of mine tells me there was a girl interested in me, so after the club We, my friend and I, give her ride home, and talked for a while mostly my friend and the girl, old friends, they caught up, and come accross like the shy guy. Long story short we dated a few times, until she tried to sleep with me, I was unable to perform, body shut down, after that she pretty much lost interest in me. That's just the most recent happening. My life has basically been a repeat of these same events, over and over. So, I pretty much don't talk to girlsto avoid the embarressment of not being able to perform. No, to those who wonder, I don't have a low sex drive, and no I'm not gay. Not that there is anything wrong with that, it's just not for me. So, I've wanted to get a perscription for a while but, figure that they wouldn't give it to me anyway, so I haven't tried. I know that it helps, I have a friend with a perscription, who occasionally will give me some when I really start to freak out. But never more than one pill, not many to spare, and I don't really take it unless I need it I, on the night in question, was at a large gathering of frat brothers, and I started getting the feeling that everyone was looking at me, I made a B-line for upstairs, to sit alone, when my friend offered me xanax, to help me calm down. I took it, twenty minuetes later I came down stairs to have fun with everyone else. I then stayed a few hours, and left for work. On the way to work, I did a rolling stop, right on red, got pulled over for failure to obey a red light. I was then asked if I had been drinking, to which I could honestly reply No. Then I was told that if I had taken anything else, it would be in my best interest to tell them. So, I told them, I had taken a xanax. They kept pressuring to get me to say bar. Under the pressure I could only come up with peach football, a few hours ago. I was then given a road-side soberiety test, on an uneven, broken concrete line, that I don't think I could walk completely sober. I will be taking pictures of the line to court, with a level in the pic. I was then placed under arrest. taken into the station, and I think the rest has been told before.

Being that my friend really doesn't have alot of xanax to spare, I didn't have any on me, so I couldn't get possesion, but I may possibly get charged with attempted possesion before it is all said and done. I hope my lawyer can prevent that occurance. I plan to see a doctor oneday, but keep puting it off. Lot of good that has done me, huh. Oh well, I guess the courts will decide my fate now. I try to keep you guys posted on this whole deal. later

Did you have any documentation that it was prescribed to you? Or was it even prescribed to you at all? If you took it recreationally, that is where you have the problem. But, i take xanax often and sometimes while driving because of panic attacks while driving and I have never had a problem. I have it in my purse in the original prescribed bottle. Maybe if you show them that you had it from a doc. they may dismiss it. Where you driving irratically? Swurving etc.....

I have explained all in previous post. check my post from 08-21-05. or many/any of my other post on this thread. It is all there somewhere. :)

been awhile since I checked in. I went to my first court date/plea date, on Wed. Pled Not guilty. I have an appointment with my lawyer in the morning. I stated earlier that I acctually have high anxiety, extremely high, to the point that at 25 years of age, I have never been able to have sex, body won't allow it, I am male for the record. I just figured I could avoid that part of life. I can't meet new people, esspescially girls, my body seems to shut down, can't really explain. I just get what I call the fear. Most recentlyt I went to a club about a year ago, a friend of mine tells me there was a girl interested in me, so after the club We, my friend and I, give her ride home, and talked for a while mostly my friend and the girl, old friends, they caught up, and come accross like the shy guy. Long story short we dated a few times, until she tried to sleep with me, I was unable to perform, body shut down, after that she pretty much lost interest in me. That's just the most recent happening. My life has basically been a repeat of these same events, over and over. So, I pretty much don't talk to girlsto avoid the embarressment of not being able to perform. No, to those who wonder, I don't have a low sex drive, and no I'm not gay. Not that there is anything wrong with that, it's just not for me. So, I've wanted to get a perscription for a while but, figure that they wouldn't give it to me anyway, so I haven't tried. I know that it helps, I have a friend with a perscription, who occasionally will give me some when I really start to freak out. But never more than one pill, not many to spare, and I don't really take it unless I need it I, on the night in question, was at a large gathering of frat brothers, and I started getting the feeling that everyone was looking at me, I made a B-line for upstairs, to sit alone, when my friend offered me xanax, to help me calm down. I took it, twenty minuetes later I came down stairs to have fun with everyone else. I then stayed a few hours, and left for work. On the way to work, I did a rolling stop, right on red, got pulled over for failure to obey a red light. I was then asked if I had been drinking, to which I could honestly reply No. Then I was told that if I had taken anything else, it would be in my best interest to tell them. So, I told them, I had taken a xanax. They kept pressuring to get me to say bar. Under the pressure I could only come up with peach football, a few hours ago. I was then given a road-side soberiety test, on an uneven, broken concrete line, that I don't think I could walk completely sober. I will be taking pictures of the line to court, with a level in the pic. I was then placed under arrest. taken into the station, and I think the rest has been told before.


Yes bud, but the point is you didn't have a prescription at the time of the arrest. Even though you do suffer from anxiety, and even if you get a script from your doctor the prosecution can still argue the point that if you suffer from bad anxiety, why didn't you have the prescription then? Also, if you tell them that your buddy has been giving you xanax from his prescription its possible they can charge him with distribution.

My lawyer tends to think that I will probably beat this in the end. He is the best in the area, and his fees reflect this. I know many other peoplle who have used him and gotten off on DWI, and they were acctually drunk. He specializes in criminal work, and has good relationships with the DA.
I was informed that I do not have to disclose anny information as to where I got the medication from, so my friend has nothing to worry about. I would go to jail again before putting a good friend in jepordy.
I have seen a doctor for this before, but was put on Paxil, it didn't help. I came to the coclusion that the docs don't believe me, and gave up. It is stupid but true.
My lawyer said that the urine sample is hard for the DA to work with, as you can't tell acctual intoxication, or time of ingestion. He also said the roadside sobriety tests aren't always fair. Mine was not, I had to try and perform on an uneven broken concrete line. Pictures will make an apearance in court. I will try to keep you all up dated, on the happenings in the future.
I will be seeing a doctor in the near future, a new and different doctor than before, whom I will inform that Paxil did not work.
And yes I took Paxil for over a month so it should've helped some if it was going to at all.

He also said the roadside sobriety tests aren't always fair.



Aint that the truth. :D

Take care bud

I plan to.
I hope thing go well not only in court but also with this new doc. My lawyer is costing me more than the combined fines of the DWI, and red light charge. But heh, I'ld rather give it to him and get away with a clean record, than give it to the state for DWI-1.

This is a little off-topic, but If your dr won't prescribe you a benzo, youmight find another dr. Some drs are anti-benzo, they think they are evil. But honestly, Xanax is the ONLY thing that has ever worked for my anxiety, and the same is true for alot of others.

New Update Saw the new doc. I am now on 1mg Clonazepam, twice daily, I've only been on the meds a few days but feel a lift in mood, and have notice that I walk with my head up (I usually stare at the ground) more often. My court date was rescheduled for 10-10-05. Will be around to let you know what happens.

Hi!
I am THRILLED you are finally on an anti-anxiety med. However I do have one question for you.
If you couldn't afford to get the Meds back in the beginning of this thread, Then how are you able to pay for such an expensive lawyer? If you had the resourses, you should of found someone to prescribe the Xanax or Clonapine before you were arrested and wouldn't be going through all this now.
A good freind may give you 1 to see if it helps, but after that they should of guided you towards THIER Doc or someone else.
Good Luck on the 10th.
Stardust

I do have anxiety, I was formerly on Paxil. No it wasn't my perscription, but I did have an attack. I did take the xanax five hours before I was stopped. I did run a red light (rolling stop). I admit to that but I was not impared. I believe that it is not against the law to take a med that is not yours, I think it is only against the law to possess it (in my state). This is a subtle distinction, I know, but that's how the law was written. I find it hard to believe that I was still under the influence of the xanax, as my anxiety was high also causing my heart to race at 130 bpm, for over an hour and a half. I find it hard to believe that I will lose my drivers liscense for taking a pill that wasn't mine for a condition that I do have but can't afford to medicate. By the way I stopped taking paxil because I could't afford that either. I was acctually considering going to a doctor before court, so that I could at least be diagnosed, so that I at least have some defense. I know that wouldn't be able to afford the script, but a diagnosis should at least be better than me saying I used to take paxil. I was diagnosed with anxiety a few years ago but I feel more recent evidence is my best shot. I feel that if I lose this case it would be a failure of the justice system.

This is your post I was refereing too.
Stardust

I stoped taking meds before I got to the job I'm in now. I can barely afford the lawyer, and am going through state programs to get my meds. I only got the lawyer I have because everyone said he was the best.
PS: His total fee, which I'm making in payments, will be less, or equal to what I would have to pay the state.

New Update Saw the new doc. I am now on 1mg Clonazepam, twice daily, I've only been on the meds a few days but feel a lift in mood, and have notice that I walk with my head up (I usually stare at the ground) more often. My court date was rescheduled for 10-10-05. Will be around to let you know what happens.
They have rescheduled my court date again to 10-25-05.

Just felt I should let everyone know what happened in this case. My case kept getting reset, until. May 2006, when the charges were dropped. went to see a doctor for proper meds, was put on 2mg kolonopin twice daily, or how ever you spell it. thanks to those who supported me. Justice does work.:)

Discussing taking medication that does not belong to you is not permitted on the board.

It is illegal to take medication not prescribed to you.

It is illegal in most states to take medication and drive.

You may not discuss "beating" a DWI on these boards. This post is being closed. Do not restart this conversation.