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  1. #1
    Join Date
    Sep 2010
    Location
    Elbert, Co.
    Posts
    10

    Question Misleading Medicine Description

    My question involves criminal law for the state of: Colorado

    I recently had an accident where I rolled my truck and while at the hospital I was asked to give blood to check for drugs in my system. Now, given what these medications do to me, I never drove my truck directly after taking them as they would hit me kind of hard. After the initial wammy, I was usually OK to drive and if not, I didn't. Boy would this frustrate my wife from time to time.

    Anyway, I take Oxycontin and Methadone and Roxycontin as a breakthrough medication due to back problems (multiple surgeries on my spine all to no avail). On each and every medicine bottle, it says to take caution while using machinery or driving. Not, do not drive while taking these medications. I was never told by my pain management doctor that I should not drive on these medications either, until I was recently charged with a DUI due to the accident.

    I truly don't understand why a medicine bottle would not say not to drive if it's illegal to drive on them in every state (as far as I know at this point). There are plenty of advertisements of no drinking and driving, having a designated driver etc for alcohol but no mention of anything like that for prescription medications. In essence, I feel totally misled.

    Is there any chance of making an argument about this using the medication labels? As it is, as I stated earlier, I honestly didn't know until my doctor JUST told me because of the case. Everybody I ever talked to said as long as they are prescribed and you have the bottles on you, you should be OK. Obviously this is way wrong.

    Any thoughts on this that can help me if things go sour on my first appearance? I already had one of those but after two months my blood tests are not back yet. Which brings me to another point. I have a nurse that comes to draw my blood on a regular basis as I'm on blood thinners due to the accident. He said that the blood samples by now would be worthless... is this true?

  2. #2
    Join Date
    Sep 2010
    Posts
    9

    Default Re: Misleading Medicince Description

    Quote Quoting wanabegates
    View Post
    My question involves criminal law for the state of: Colorado

    I recently had an accident where I rolled my truck and while at the hospital I was asked to give blood to check for drugs in my system. Now, given what these medications do to me, I never drove my truck directly after taking them as they would hit me kind of hard. After the initial wammy, I was usually OK to drive and if not, I didn't. Boy would this frustrate my wife from time to time.

    Anyway, I take Oxycontin and Methadone and Roxycontin as a breakthrough medication due to back problems (multiple surgeries on my spine all to no avail). On each and every medicine bottle, it says to take caution while using machinery or driving. Not, do not drive while taking these medications. I was never told by my pain management doctor that I should not drive on these medications either, until I was recently charged with a DUI due to the accident.

    I truly don't understand why a medicine bottle would not say not to drive if it's illegal to drive on them in every state (as far as I know at this point). There are plenty of advertisements of no drinking and driving, having a designated driver etc for alcohol but no mention of anything like that for prescription medications. In essence, I feel totally misled.

    Is there any chance of making an argument about this using the medication labels? As it is, as I stated earlier, I honestly didn't know until my doctor JUST told me because of the case. Everybody I ever talked to said as long as they are prescribed and you have the bottles on you, you should be OK. Obviously this is way wrong.

    Any thoughts on this that can help me if things go sour on my first appearance? I already had one of those but after two months my blood tests are not back yet. Which brings me to another point. I have a nurse that comes to draw my blood on a regular basis as I'm on blood thinners due to the accident. He said that the blood samples by now would be worthless... is this true?
    it is not illegal to drive on prescription pain killers and your right it doesn't say you cant drive while one your medication.. but it IS illegal for someone not prescribed to drive n them .. "use caution while driving on this medication" may cause drowsiness" ect... but it would be illegal if you were taking more then prescribed dose of your medication and driving.. i know that is why that took your blood was to measures the actual amount of opiates in your blood at the time. I do know that the blood has to be prepared before testing but im not sure how long it takes...

    you say your on Oxycontin,methadone, and roxicodone.. know I know one thing doctors usally dont prescribe 2 long acting opiates at once along with a breakthrew ... but i know these cops must be looking at you as a junkie even though the are prescribed to you because thats how most people are... but if your getting messed up on your regular dose of meds maybe you should lower your dose... im assuming you have been on pain meds for years just at the fact you are one 3 of the most powerful opiate medication ... if you have not been on them for a long time the person in the wrong is your doctor ... so you got a DUI while on them so when your blood comes back at the right levels im sure it will be dropped that would be my guess ...now if you seemed really intoxicated there going to go after your doctor for over presciping people and it may be taking so long because there investigating your doctor because they would know your blood levels by 2 months

    thats just the only thing i can think of but if they still charge you with the DUI and you wernt short on a pill cont and your levels in your blood were equal out then you could go after your doctor and get him in trouble and get yourself out but you would end up losing your meds

    if you dont mind me asking how long have you been one these 3 opiates meds?

    opiates build tolerance pretty fast but it still sounds like you have been being over medicated by your doctor

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,944

    Default Re: Misleading Medicince Description

    It is illegal to drive impaired even when consuming your prescription level dosages. Even if ...

    Prescription levels of many drugs - particularly opiates and benzos - can be sufficiently impairing to prevent safe operation of a motor vehicle at some point during the active period of the medication. Hence the warning but not an absolute prohibition on the label. When taken properly, most medications will act in a time-released manner and will not provide for such a concentration of effects that you will be unable to drive. Most people can take their prescriptions and not be so impaired, others cannot.

    Now, you can always TRY to sue your pharmacy or doctor for failing to tell you these things, but I suspect that the labeling requirements are what is required by state and federal laws and that by labeling them as they did they fulfilled their legal obligation.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,086

    Default Re: Misleading Medicince Description

    The labels warn against driving.

    They do not specifically say "You are prohibited from driving", simply because taking medication and then driving is not illegal in and of itself.

    It's driving while impaired - and that can happen while taking Benadryl - that's illegal.

    I cannot believe a pain patient on such a regimen is unaware of the potential dangers and risks associated with taking those meds and then driving.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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