Posted By: gypsypooner2015
What if someone has a prescription for oxycodone and takes some then drives but does not consent to the roadside tests? Then the government cannot prove impairment and the oxycodone amount in the blood is legal due to the prescription? I think if it is a non-marijuana prescription the government has to prove impairment to the slightest degree so having a blood test for a prescription is not in of itself a conviction. Discuss.
There are two ways to get convicted of DUI, one is to have the prosecution prove impairment to the slightest degree, the other way is by using the per-se laws. The per-se laws say that if you have .08 BAC alcohol, then you are legally impaired, or if you have ANY measurable amount of illegal drugs in your blood, then you are legally impaired. With a blood test like that, and using the per-se laws, they don't even have to prove that you were impaired in order to get a conviction.
Now as far as roadside tests, you can refuse to do them, that is your right. But if you refuse the blood/breath/urine test, you will get an administrative license suspension for 1 year, minimum. Then what will probably happen is the officer will get a search warrant for your blood, and take it anyway even without your consent, by force if necessary.
As for oxycodone, if you do have a valid prescription for it, they can't bust you for DUI using the per-se laws, but they can bust you using the first method, that is to say if the officer can articulate that you appear to be impaired, even to the slightest degree. At least that is my understanding. Marijuana users would most likely be busted with the per-se law, since any trace amount of THC is good enough for a conviction, and the prosecutor does not have to prove impairment otherwise. That is the trap of legalized marijuana. Yes, it would be legal, but if you smoke it, then it would never be legal for you to drive unless the DUI laws are changed.