Criminal Law/DWI


Hello, Forgive me if this question falls into the category of questions that you do not answer.  My wife who is a fairly new amputee was involved in a minor car collision.  She rear ended the car in front of her.  No damage was done to our vehicle nor was any viable damage done to the person she hit.  There were several people in the car she hit that spoke Spanish and we just found out that they have told our insurance company they are injured and I fear they are people that are going to take advantage of an already bad situation.  There was a police officer who happened upon the scene.

He asked my wife if she had been drinking and she said no.  He asked her if she had taken any prescription medication and she told the truth and said she had.  She said she had taken anxiety medication that morning.  She has a prescription for the medication and she even showed the office the medication. She is a devout Christian and I know she did not have to show him he medication but she is naive and thinks most people are good people. The medication had a sticker on it that said do not operate a vehicle or large equipment until you know how the medication will react on you.  She had been taking the medication for three years since she had got the infection in her leg and then had to have a below the knee amputation.  She is in her early 3o's.  She had so many surgeries that her prosthesis will never fit right so it's a daily struggle of pain, anxiety and limping around.  

However, she has a professional job and makes a very decent salary.  She has taken the medication for about three years so just as the bottle said she knew how the medication would react on her. It does not impair her.  She is a law abiding person and had never even had a ticket nor been arrested for anything.  

The office asked if she would complete a field sobriety test and her being the honest, kind person she is said she did not mind but to please consider the fact that she is physically disabled and has a very hard time walking with a prothesis and usually uses a walker or wheel chair.  He told her that was fine and she totally failed the test. She can't stand on one leg on the best of days, nor walk heal to toe.  He immiadeiatly handcuffed her and took her to jail with the charge of driving while under the influence.  She was never given a breath test nor a blood test.  She failed the field test because she is disabled. I bet she falls at home at least one a week.

We hired an attorney here in Alabama and her court date is coming up soon.  The attorney seems to think it will be thrown out or we can just appeal and appeal and until we eventually get a good outcome.  The problem is if she were to have her drivers license taken away she would have no way what so ever of driving herself the hour and a half one way to get to work.  We would lose the bulk of our income, her job and her very important insurance that she needs because of always having to get new artificial limbs and fittings that cost thousands of dollars.  We have been together forever and I chose to work and put her though college and she makes a bulk of the income. I really don't make much at all and that's never been a problem until the thought of her not having her driver's licence.  

What outcome would you expect in this situation?  We are of course going to fight the charge.  I gave you all the facts and the facts are that she was rattled, upset and crying during the ordeal she was not impaired and had a prescription for the medication.  She simply failed the field test.

Any help or information would greatly be appreciated. She has been so upset she has lost 3o lbs in just a few weeks and is suffering from terrible anxiety.

Thanks so much,


You are correct.  I usually do not answer this type of question for two reasons.  You are paying an attorney for answers to the exact same questions that you are asking me.  Secondly I can't possibly predict the outcome of any particular criminal case.  I would need a crystal ball to do that.

However in your wife's case perhaps I can aleviate her anxiety. You said that she was arrested for "charge of driving while under the influence."  I would be almost sure that this charge is "driving under the influence of prescription medicine" or whatever the language of the statute is in your state.  Not driving under the influence of alcohol.  If it was the officer would have given her a breathalyzer test.

Your attorney is probably in contact with the prosecutors office whether he has shared that with you or not.  This is frequently done (at least where I live) so the prosecutor would know more about the case than is listed in the police report.

Your wife is not going to jail, she is not going to lose her license, she will be treated fairly and I am sure that everything will end up fine.

Good luck to her but still you should be in contact with the man that you are paying.

Criminal Law

All Answers

Answers by Expert:

Ask Experts


Jack Toomey


If you are an author asking for help I will gladly assist you. I do expect a reasonable donation using the Paypal feature. Please do NOT ask questions about potential jail sentences that you or your friends may receive in court. court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.


I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Bachelor of Science degree in Criminolgy from the University of Maryland.

©2016 All rights reserved.