DWI first time and admission of guilt

hey everyone, I have a completely clean record so this is new to me. anyways, i was pulled over by an officer going 47 in 30 zone on the outskirts of small city where the speed jumps up again to 45. the officer asked me if i had been drinking i said no, he initally approached from the passenger side. then he came around to drivers side and said he smelled etoh. i then told him i had a drink a cosmo with dinner. he then asked me step out of car and perform FST which I failed because I have a essential tremor and poor balance which has been documented by physicians. He then asked if i had taken any drugs, i told him i took a xanax earlier that afternoon that my doc has prescribed to me for years. I am on the lowest mg 0.5mg a day as needed. he asked for the bottle i showed it to him, the bottle was pretty full. then, he arrested me for driving under the influence. He never read me my miranda rights, can the case be thrown out. I passed the breathilzer test and no urine or blood test was done for drugs. My attorney said i had admission of guilt but i feel that my honesty was taken advantage of. Any suggestion would greatly be appreciated

"He never read me my miranda rights,"

He isn't required to.  Anything you said prior to being arrested was a voluntary statement on your part and they can use it at trial.  The cops are allowed to take advantage of your honesty and inability to remain silent.  You obviously know what Miranda is and didn't exersize your right to not make any statement. FYI:  Miranda is ONLY required if you are in detained custody being questioned AND they want to use the statement at trial.  In your case even if your statement was suppressed they have the officer's testimony that you smelled of alcohol and appeared intoxicated.  In many states that is enough to convict.  Especially since many DUI defendants refused the blow.

"I passed the breathilzer test and no urine or blood test was done for drugs."

They aren't required to do blood or urine.  All the prosecutor needs is your admission that you took the prescription tranquilizer and had a drink combined with it.

"can the case be thrown out"

Doubtful.  They have your confession.  At best you can hope for them to downgrade the charge to something lower than DUI since you passed the breathalyzer.

"Any suggestion would greatly be appreciated"

Listen to your attorney.  Unfortunately you WERE driving under the influence.  It doesn't matter that you are on the lowest dose of Xanax it is a tranquilizer that is 150 times more powerful than Valium.  Just driving with that in your system alone is enough to trigger a DUI arrest.  Yours was combined with a hard alcohol drink.

Miranda warnings are required ONLY for a custodial interrogation, and ONLY if the state wants to use your statements against you at trial.

State law governs, but you can usually get a DUI on prescription meds also.  And you probably are not supposed to be mixing Xanex with alcohol.

Apply for a public defender or hire private counsel.  Without lab work that establishes the presence of drugs in your system, the state likely has a very weak case here, but they can still pursue it.  You don't have a driving pattern like swerving or hitting a school bus.

Lying about the alcohol isn't good.  That will come into evidence at trial and could damage your credibility.

i have driven for 4yrs with Xanax and never felt impaired caused anyone or myself injury.I had the ONE drink 4hrs after taking the ONE Xanax. I was driving 4 hours aflter my one drink and nearly 7hrs after taking my Xanax i have hired an attorney, are there any questions i or points i should make

Here is information directly from the Xanax web site:

The most common side effect is sedation, but this often decreases or goes away in most people after their bodies get used to the drug. Until you experience how XANAX XR affects you, do not drive a car or operate potentially dangerous machinery, etc. Other common side effects, which occur in fewer patients, include sleepiness, memory impairment, impaired speech, abnormal coordination and/or muscle action, and reduced sexual drive. Some patients may experience side effects associated with psychological and/or physical dependence on XANAX XR. Medications like XANAX XR, even when used as recommended, may produce psychological and/or physical dependence. This may make it very difficult to discontinue treatment with XANAX XR. Discontinuation symptoms, including the possibility of seizures, may occur following abrupt discontinuation from any dose, but the risk may be increased with extended use at doses greater than 4 mg/day. It is important that you get your doctor's advice on how to discontinue treatment safely and carefully. Gradually tapering your XANAX XR dose will help to decrease the possibility of discontinuation symptoms.

Alochol is a depressant and mixed with these types of drugs and intensify the effects.

I'm hoping the  above is not a "suggestion" that the poster should stop taking and how to stop taking prescribed medication.  Let's stick with giving inappropriate "legal" input.

JoBraver:

I'm hoping the above is not a "suggestion" that the poster should stop taking and how to stop taking prescribed medication. Let's stick with giving inappropriate "legal" input.

What are you talking about?

I made ABSOLUTELY NO SUGGESSTION ABOUT STOPPING MEDICATIONS!!! period.

"i have driven for 4yrs with Xanax and never felt impaired caused anyone or myself injury."

That does not make it legal for you to drive with it in your system.  Every state has DUI laws and most people assume they only apply to alcohol but they don't.  They apply to any substance that can impairs the ability mentally and physically to operate a motorized vehicle. While it doesn't happen often, people have been arrested for taking over the counter medications that affected their ability to drive and been convicted of DUI. 

Just about every driver who gets caught DUI makes the claim they have "always done it and never had a problem" that doesn't mean it's accurate.  While you may not "feel impaired or haven't caused and accident" it doesn't mean you should be driving while taking it and that you aren't an accident waiting to happen.

"I'm hoping the  above is not a "suggestion" that the poster should stop taking and how to stop taking prescribed medication."

No where in that post does it suggest stopping the medication.  That information is cut and pasted from the Physician Desk Reference or manufacturer's warning on taking Xanax.  Xanax has a powerful physical and psychological addiction and abruptly stopping it after taking it for a long time can have serious side effects and consequences.  The manufacturer's warning is to NOT stop taking it abruptly that the dosage must be tapered over time. 

I believe the suggestion that was IMPLIED was to stop taking it while driving and certainly not combined alcohol.

ClydesMom:

I believe the suggestion that was IMPLIED was to stop taking it while driving and certainly not combined alcohol.

Actually the implied suggesstion was NOT to drink alochol while taking these medications because alochol is a depressant and according to the website for this medication it is for depression. By drinking alochol while on this medicine it basically does no good.

Please leave off the editorial comments.

Thanks,

Sharon

Have you hired an attorney that specializes in DUI cases?  While still fresh in your mind, you may want to try writing down all the facts as best as your remember.  E.g., what time you took the Xanax, what time you had the drink, etc.

Xanax is in the Benzo family and is an anti-anxiety (tranquilizing drug) and not an anti-depressent.  It is contraindicated to consume alcohol while on it.  If fear -- thus why please seek an attorney who has great experience with this -- is that the half-life is 6-12 hours, depending on how one's body metabolizes it, etc.  Maybe the fact there isn't proof of it still in your system will help, but the prescribed half life combined with the alcohol (known to intensify the medicine's affect) doesn't look real good for you, especially if the officer testitifies that you acted/drove in an impaired fashion.  Please do be very careful on mixing the Xanax with alcohol - not a good combo.

 Others: .5 mg Xanax is the estimated equivalent of 10 mg valium. 

The warnings for Xanex say "Do not drink alcohol."  An expert for the state can testify to that.

seehawk:

I was driving 4 hours aflter my one drink and nearly 7hrs after taking my Xanax

Reality isn't relevant.  Trials are about the evidence that comes in.  You lied about having ANY alcohol so why is a jury going to believe your other statements, even if they are true?

seehawk:

i have driven for 4yrs with Xanax and never felt impaired caused anyone or myself injury.

It is of course not your subjective feeling of whether you are fit to drive that counts. A lot of people that are impaired feel more competent to drive than they truly are. That's particularly true with alcohol and some pain meds, because the depressant effect dulls your ability to judge how well you really function. The bottom line will be whether you were impaired within the meaning of your state's statutes. The goal will be to convince the jury (if you go to trial) that what you had in your system was not sufficient to significantly impair you. What the jury will do with that no one here can guess not having seen the state's case or what you will ultimately offer as a defense.