Working on third state license when something bad happened.... Advise?

[tobie]

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After submitting my paperwork for license transfer to another state, something bad happened. Perhaps someone here will be kind to guide me.

Was driving, then pulled over. Was not arrested, but was blood tested for suspicion of a dui. Was really weird, so I consulted a lawyer friend. He said not to worry about it unless they send me a summons paper in the mail. At this time, I was already in the process of reciprocity of my license to another state. Well, as you may guess, I did get a summons. They were accusing me of a dui, driving with Vicodin in my system (that I took a hour before leaving my house. Was a Rx for an severely absessed tooth... Yes, I know bad judgment, but I have taken stronger things over the last 5 months from a motorcycle accident... I don't drink just FYI. Believe me, I am one of those kinda of people that has a high tolerance for some reason. Anyways, come to find out from my PCP, AND a sleep specialist MD, that I have had a severe case of sleep apnea, and possibly a minor case of narcolepsy, and the whole "incident" was probably due to the lack of sleep..... I sound like a hypochondriac....). In court, the prosecutor proposed a deal of pleading down to a negligence 1. I am about to take the states law exam, but do not know how to proceed on the other matter.

The states law says that if I was arrested, I need to report. But I wasn't arrested.
The states law says that if I receive or get a misdemeanor, that I must report to the board. I haven't taken the deal yet, so should I take the test, then report myself once I accept the deal? Does anyone have any experience that can guide me? Not sure what will happen and especially what will happen with my new state license.

Thanks for the help!

--T

 

[BidingMyTime]

What does your lawyer think you should do? Seriously, you are dealing with a potential DUI, you need to have a lawyer who can go over all your options with you.

 

[tobie]

What does your lawyer think you should do? Seriously, you are dealing with a potential DUI, you need to have a lawyer who can go over all your options with you.

My lawyer is thinking that taking the "neg 1" deal. He says it isn't the best, but fighting it will cost lots of money and time. If I do take the deal, the Dui, will not show on my record, which I suppose is good (in a stupid way). Looking at the law of each state that I am licensed in, they are pretty much all the same- just need to report it. Now I will not be reporting the dui, but reporting the "negligence 1." I was hoping that someone on the forums had experience or knew of someone that had been in a similar situation that could at least share what they knew. I think we have all heard of people with one (or even multiple) duis on their driving record, and are still practicing (Rns, MDs, etc...). Like I stated, was hoping someone with experience or second hand knowledge, could share. If its personal and you don't want to post, I would be okay with a PM/email, to keep it confidential.

Thanks again!

--T

 

[joetrisman]

fwiw, I'd find a pharmd/jd that has presided on cases involving the board and licenses so you can reliable info. Unfortunately, I would think this would be state specific

 

[pharm4312]

Why did they take a blood sample instead of a breathalyzer? Were you forced to have blood drawn, or did they first offer a breathalyzer?