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    Old 07-13-2005, 11:52 PM   #1
    bwsinfonia13
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    DWI Xanax.

    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?

    Last edited by bwsinfonia13; 07-13-2005 at 11:56 PM.

     
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    Old 07-14-2005, 01:21 PM   #2
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    Re: DWI Xanax.

    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.

     
    Old 07-14-2005, 06:21 PM   #3
    bwsinfonia13
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    Re: DWI Xanax.

    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".

     
    Old 07-15-2005, 08:41 AM   #4
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    Re: DWI Xanax.

    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?

     
    Old 07-15-2005, 05:14 PM   #5
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    Re: DWI Xanax.

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

     
    Old 07-17-2005, 06:28 PM   #6
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    Re: DWI Xanax.

    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

     
    Old 07-18-2005, 12:48 AM   #7
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    Re: DWI Xanax.

    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.

     
    Old 07-18-2005, 09:31 AM   #8
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    Re: DWI Xanax.

    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

     
    Old 07-18-2005, 01:37 PM   #9
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    Re: DWI Xanax.

    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!!

     
    Old 07-18-2005, 02:58 PM   #10
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    Re: DWI Xanax.

    Quote:
    Originally Posted by Poo2
    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.

    Last edited by mjewell; 07-18-2005 at 03:00 PM.

     
    Old 07-18-2005, 04:21 PM   #11
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    Re: DWI Xanax.

    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

     
    Old 07-18-2005, 06:37 PM   #12
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    Re: DWI Xanax.

    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.

     
    Old 07-18-2005, 10:04 PM   #13
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    Re: DWI Xanax.

    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

     
    Old 07-23-2005, 08:20 PM   #14
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    Re: DWI Xanax.

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

     
    Old 07-24-2005, 09:49 PM   #15
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    Re: DWI Xanax.

    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.

     
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