Asked 3/31/2016 – Austin, TX

I got into a car accident a person did not have their blinker on I hit them from behind the ambulance arrived within a couple minutes I was put iwas put in a neck brace and was sitting on the tailgate of the ambulance Sarah taking my blood pressure and it was very high and i was shaking it was cold and I had just been in a wreck I was scaredmy chest was hurting from the airbags I think there was seven that went off and my ribs are hurting and my wrist the police asked me to do a sobriety test the ambulance said that I could not take off the neck brace and the ambulance people did not think that that was ok that idea field sobriety test with a neck brace on but I was asked to do it by the place and I did and I thought I did very well I have 2 stimulators that are in need one on the left hip one on the right hip with lots of wires so even though the test was a little difficult I still did it with a neck brace on and I thought I did well I ended up going to the emergency room they took x-rays and MRIs and said that I had broken my ribs in my che any illegal drugs I do take prescription drugs and the last time I took them was 4 o’clock in the afternoon and it was 9 o’clock when my

Answer

I am going to assume you were charged with some type of intoxication assault arising from the accident you described. If you are claiming that any missteps in the field sobriety tests were due to your physical condition after the accident, you have the right to do so. This is a fact question, not a legal question so your case will have to proceed to resolve that issue. Please note that you can be charged with any vehicular intoxication offense even though no alcohol was involved or if you have prescriptions for the medications in your system. The question is whether you had the normal use of your mental or physical faculties while you were operating the vehicle. Contact a local attorney soon.