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?