# Is this legal? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 28, 2013, 6:29am UTC](https://boards.straightdope.com/t/is-this-legal/654160 "2013-03-28T06:29:34Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [March 28, 2013, 4:11pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/41 "2013-03-28T16:11:25Z")
> [@Acsenray](#): > > Florida. Maybe its Flo Rida but he forgot the space. We have a Grammy nominated artist in our midst. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [March 28, 2013, 4:15pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/42 "2013-03-28T16:15:51Z")
> [@DMark](#): > > In Las Vegas, you can buy beer, wine and hard liquor, 24/7, at most Walmarts. > > BTW, is there some place on the Internet that is claiming the SDMB is a redneck advice column? > > Of late, we seem to be getting lots and lots of first time posters with bizarre stories. These are usually written without paragraphs, with bad grammar and spelling and seeking advice for situations that would make even a judge in rural Alabama dubious. > > If he had mentioned his dog died, the entire OP could be a country song. Don’t forget Mamma getting out of prison. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [March 28, 2013, 4:18pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/43 "2013-03-28T16:18:30Z")
[ul] [li]OPs first and only post to SDMB.[/li][li]Claims to be in Florida.[/li][li]Posted at 2:29 am, Florida time.[/li][li]Alcohol and drug related.[/li][li]Inability to parse coherent sentences.[/li][li]It’s March.[/li][/ul] OP must be a spring break frat boy initiation, a poor draft at creative writing (What did you do during spring break?), or something else. OP forgot to add whether he was in a truck, owned an iPhone and just texted a picture of his genitals to the girl he met earlier in the evening. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [March 28, 2013, 4:21pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/44 "2013-03-28T16:21:03Z")
[QUOTE=ogional] I crossed it and pulled into the gas station and sat there for a few minutes deciding if I should Sit run or wait. I decided to run back to my place and made it back in 35 seconds the cop was just pulling out of the gas station. [/QUOTE] How far is it from the gas station to your driveway? I would be interested in how fast you were going. It may have something to do with why the police decided you needed a field sobriety test. Regards, Shodan ---
**Author:** ![Tollhouse](https://avatars.discourse-cdn.com/v4/letter/t/e99b99/32.png) [@Tollhouse](https://boards.straightdope.com/u/Tollhouse)\ **Post date:** [March 28, 2013, 4:26pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/45 "2013-03-28T16:26:05Z")
It was a bit difficult to follow your post, its all in one big paragraph. If I understand it correctly, you went to walmart at about 830 and after getting home you were sitting in your car and drank one beer and a half, and a cop followed you because a coworker told him you drank in the parking lot? Since you were already parked while having a beer, Why would he bring you in? God, alot of people go to bars or restaurants and consume more than a beer and a half… the xanax though, dont mix that with alcohol but since you drank after you were parked at home, this shouldnt be an issue With all the serious DUIs , I dont see a beer and a half consumed in your parked car at your house as something they will even pursue,…at least not in any way that will be something to really worry about ---
**Author:** ![gigi](https://avatars.discourse-cdn.com/v4/letter/g/a587f6/32.png) [@gigi](https://boards.straightdope.com/u/gigi)\ **Post date:** [March 28, 2013, 4:32pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/46 "2013-03-28T16:32:47Z")
> [@tdn](#): > > I don’t do drigs. Crick is wick. ---
**Author:** ![Drunky\_Smurf](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drunky_smurf/32/449_2.png) [@Drunky\_Smurf](https://boards.straightdope.com/u/Drunky_Smurf)\ **Post date:** [March 28, 2013, 4:45pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/47 "2013-03-28T16:45:44Z")
> [@ogional](#): > > at 11:31am the cop asked me if I had to piss. I told him yes. He said I couldn’t piss in the toilet until I pissed in the cup so I told him ok and gave the cup back to him. He tricked me into doing the urine test. That is the damnedest trickiest cop in the world. Wow! He should get a promotion and everyone in the world should be forced by law to call him Super Cop! The Superest Copiest Cop in the World! ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [March 28, 2013, 4:47pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/48 "2013-03-28T16:47:58Z")
> [@Drunky\_Smurf](#): > > That is the damnedest trickiest cop in the world. Wow! He should get a promotion and everyone in the world should be forced by law to call him Super Cop! The Superest Copiest Cop in the World! And as I mentioned earlier, in Florida giving urine samples is required in their implied consent law. It isn’t in every state. ---
**Author:** ![Drunky\_Smurf](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drunky_smurf/32/449_2.png) [@Drunky\_Smurf](https://boards.straightdope.com/u/Drunky_Smurf)\ **Post date:** [March 28, 2013, 5:07pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/49 "2013-03-28T17:07:41Z")
> [@Loach](#): > > And as I mentioned earlier, in Florida giving urine samples is required in their implied consent law. It isn’t in every state. So it was the state that tricked him? Damn, Florida, that was a good one. ---
**Author:** ![Siam\_Sam](https://avatars.discourse-cdn.com/v4/letter/s/d78d45/32.png) [@Siam\_Sam](https://boards.straightdope.com/u/Siam_Sam)\ **Post date:** [March 28, 2013, 5:08pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/50 "2013-03-28T17:08:43Z")
I blame society for how he’s turned out. ---
**Author:** ![mlees](https://avatars.discourse-cdn.com/v4/letter/m/ba8739/32.png) [@mlees](https://boards.straightdope.com/u/mlees)\ **Post date:** [March 28, 2013, 5:17pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/51 "2013-03-28T17:17:35Z")
> [@Siam\_Sam](#): > > I blame society for how he’s turned out. He should sue! ---
**Author:** ![Rachellelogram](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rachellelogram/32/8689_2.png) [@Rachellelogram](https://boards.straightdope.com/u/Rachellelogram)\ **Post date:** [March 28, 2013, 5:45pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/52 "2013-03-28T17:45:04Z")
> [@Czarcasm](#): > > Florida to you too. You take that back! :mad: ---
**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\ **Post date:** [March 28, 2013, 5:48pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/53 "2013-03-28T17:48:09Z")
> [@EmilyG](#): > > You can buy beer at Walmart ?😕 > [@Ferret\_Herder](#): > > I live in the Chicago suburbs, and can buy beer and wine at many Walmart, Target, and Walgreens locations. I live in Arizona. You can even buy liquor at Wal-Mart (and most other supermarkets and chain stores). ---
**Author:** ![Sparky812](https://avatars.discourse-cdn.com/v4/letter/s/eb9ed0/32.png) [@Sparky812](https://boards.straightdope.com/u/Sparky812)\ **Post date:** [March 28, 2013, 6:48pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/54 "2013-03-28T18:48:11Z")
> [@ogional](#): > > …noticed a cop following me at the intersection. I crossed it and pulled into the gas station and sat there for a few minutes deciding if I should Sit run or wait. I decided to run … 'nuff said. In other news, the producers of COPS would like to thank everyone that helped make over 850 episodes over 25 seasons and counting… ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [March 28, 2013, 9:17pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/55 "2013-03-28T21:17:34Z")
Obviously I’m living in the wrong country - I have never heard of Xanax-and-driving being an issue, nor mandatory urine tests. I guess that’s the difference between Canada and the Land of the Free. At least you guys have guns. I had to google what Xanax was and does. It sounds like it could be a problem, but only if you seriously overdosed yourself? How many different things would they test a urine sample for? ---
**Author:** ![Ferret\_Herder](https://avatars.discourse-cdn.com/v4/letter/f/e47774/32.png) [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)\ **Post date:** [March 28, 2013, 9:30pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/56 "2013-03-28T21:30:53Z")
> [@md2000](#): > > I had to google what Xanax was and does. It sounds like it could be a problem, but only if you seriously overdosed yourself? How many different things would they test a urine sample for? When you Googled, did you notice the warnings against combining Xanax and alcohol, especially when using a motor vehicle? They have a synergistic effect, meaning that even smallish amounts of both can produce severe intoxication. ---
**Author:** ![rsat3acr](https://avatars.discourse-cdn.com/v4/letter/r/a3d4f5/32.png) [@rsat3acr](https://boards.straightdope.com/u/rsat3acr)\ **Post date:** [March 28, 2013, 11:51pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/57 "2013-03-28T23:51:20Z")
> [@Furious\_Marmot](#): > > Cool story. When you speak to your lawyer, tell him what actually happened, not the transparent whitewash version that you think makes you look good, but really doesn’t. It will help him figure out how to handle the plea bargain. This, or better yet why don’t you just man up and take your punishment. Driving under the influence of Xanax is still DUI. ---
**Author:** ![gigi](https://avatars.discourse-cdn.com/v4/letter/g/a587f6/32.png) [@gigi](https://boards.straightdope.com/u/gigi)\ **Post date:** [March 29, 2013, 3:25am UTC](https://boards.straightdope.com/t/is-this-legal/654160/58 "2013-03-29T03:25:59Z")
> [@rsat3acr](#): > > This, or better yet why don’t you just man up and take your punishment. Driving under the influence of Xanax is still DUI. What?! ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [March 29, 2013, 4:29am UTC](https://boards.straightdope.com/t/is-this-legal/654160/59 "2013-03-29T04:29:24Z")
> [@gigi](#): > > What?! What what? In every state I know including Florida DUI is driving under the influence of alcohol or drugs. Drugs include prescription drugs as long as they can prove impairment. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [March 29, 2013, 4:44am UTC](https://boards.straightdope.com/t/is-this-legal/654160/60 "2013-03-29T04:44:22Z")
Get a lawyer. That’s the most important thing you need to know. Now on some of the other points you raised. These depend on what state you’re in, so it may vary. If somebody said they saw you drinking and driving, that gave the police probably cause to stop you. If you were drinking in your car, even if it was parked in your driveway, that can be enough to charge you with DUI. Impairment can be due to alcohol or drugs - including prescription drugs. If you’re operating a motor vehicle while you’re impaired, having a prescription won’t protect you. You don’t get Miranda rights until you’re arrested. If you’re asked to provide a urine specimen and you do it, they can test the specimen. The fact that you didn’t understand why they wanted the specimen is irrelevant. (Seriously, why did you think they wanted you to urinate in a cup if you didn’t think they were doing a drug test?) If the video is gone, they still have the police testimony to convict you. Let me repeat. Get a lawyer. [Previous page](https://boards.straightdope.com/t/is-this-legal/654160.md?page=2) [Next page](https://boards.straightdope.com/t/is-this-legal/654160.md?page=4)