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  • dilated pupil ???????

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    Old 08-30-2005, 06:54 PM   #1
    kscritter16
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    dilated pupil ???????

    i just had an interesting thought , i,m on feytenal patches, if i am pulled over by the police & he or she notices my dilated pupils ant i try to explain my legal narcotic use of the patch how am i going to prove there on the side of the road it.s perscribed & i,m not a user,,i might mention i,m only 40 & i look younger,,,,,,,,any body out there had this happen ?????? kscritter

     
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    Old 08-30-2005, 07:16 PM   #2
    vierri
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    Re: dilated pupil ???????

    it wont matter. they will arrest you for DUI no matter if the meds are prescribed or not

     
    Old 08-30-2005, 07:21 PM   #3
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    Re: dilated pupil ???????

    Opiates actually constrict, dialated is blown open like from halucinigens. But cops are trained to look at eyes, Signs of use include sweating, constricted puils, runny nose, "hystamine reaction" and itchy face.

    I would not mention a word, let him have you do a sobriety test and explain why you can't perform a specific function if you have an injury preenting it. LIke one leg standing, offer no other info and put your pill bottle out of site.

    Let them figure it out and charge you if he thinks he can pull it off with a blood test and has reasonable cause to go beyond a simple blow test and roadside. DUI is DUI or DWI, whatever your state calls it, It's just as illegal with a script and just as illegal as Jack Daniels or any other drug. From a law enforcement standpoint, opiates are impairing, if you have millions to apeal and apeal to the supreme court and prove you are so tolerant to side effects you reaction times are actually better with opiates, you may be able to put off conviction for a couple years.

    It's illegal to drive under the influence of any drug that may impair you, including cold medecine. I've seen vehicular manslaughter cases won against the driver when their spouse was killed in the next seat, due to Vicodin and flexerill and wet roads.

    There is no middle ground in the law for CP patients and the theory of accomadation. You take a risk when you drive.

    Good luck, Dave

    Last edited by Shoreline; 08-30-2005 at 07:28 PM.

     
    Old 08-31-2005, 05:03 AM   #4
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    Re: dilated pupil ???????

    i really would love to see the reaction a cop would have to my pupils.i have one that is almost always constricted due to my meds and the other(because of horners syndrome)is always a little larger than mid point,but not totally blown.Very noticacble and rather odd looking.Marcia
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    Old 08-31-2005, 02:45 PM   #5
    wirry1422
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    Lightbulb Re: dilated pupil ???????

    Yes, it is true that even if you are on legally prescribed opiates you could still be charged with a DUI. However, as long as you are not driving erratically or dangerously, you give a cop no reason to suspect you of being impaired by any substance. You could be in more trouble then someone not on pain medicine if, say, you cause a fatal or serious injury accident. If you are in a minor crash, don't even mention the pain medication, and, unless you are staggering around and slurring your speech, the investigating officer would have little reason to suspect chemicals. However, if you, as a cp'er, are driving safely, even if you are speeding or if you pull a california stop at the stop sign, you will not get anything other then a speeding or stop sign ticket. Constricted pupils alone will not lead to a dui, although they could lead to a vehicle search, unless you can produce a prescription bottle with your name on it. Just remember that, unlike an alcohol related DUI charge, with legally prescribed narcotics, there is no cutoff point after which you are automatically guilty of driving under the influence, as there is with the .08 alcohol level. In order to be convicted of driving under the influence due to being on a legally prescribed narcotic, the proscecutor would have to definitively prove in court that you were driving hazardously and dangerously and that it was as a direct result of the narcotic. Much more difficult to prove then the 0.08 blood test result for alcohol related DUI. So the bottom line is that unless you were driving extremely recklessly and dangerously and/or you caused a serious collision, you will not be charged, let alone convicted, of DUI because of your legally prescribed pain medication. Just know your limitations and if you are truly unable to drive safely, then don't. But if you can drive safely, then you have absolutely nothing to worry about when it comes to DUI. Btw, I take oxycontin 90 mgs a day, I am able to drive safely, and I have been in several minor collisions in the last two years and i have been pulled over for traffic stops about 6 times (none of it was related to driving dangerously or effects of my medication), and not once have i ever even been questioned about being on narcotics, and i am a 24 y/o male and my pupils are probably constricted a good portion of the time.

    Last edited by wirry1422; 08-31-2005 at 02:48 PM.

     
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