Kevin O’Grady



If you have some sort of medical problem or injury or recent surgery, even oral surgery, the physical ailment can have an effect on your ability to drive, walk, and obviously perform the so-called field sobriety tests.  Driving while post root canal is not a crime, nor is driving following ingrown toenail removal.  Both however, may very well make you look “impaired” to the officer.  As with medication, do not answer any questions and do not take any field sobriety tests.  Whether you had bad balance before the surgery or performed gymnastics before the surgery or injury, do not tell the officer anything and do not perform any field tests.  If you are in pain, you may of course show it.  Just don’t speak about it.  Do tell your DUI attorney.

The Contributor is Kevin O’Grady esquire. Kevin O’Grady practices in Honolulu, Hawaii, has been in practice since 1997, is a former prosecutor, a member of the National College for DUI Defense, the NACDL, and HACDL and he is a Major in the U.S. Army reserve as a Judge Advocate. His practice is 90% DUI and traffic related. He focuses on DUI, criminal defense, and Courts-Martial.

He can be reached at 1-800-DUI-CASE, 808-521-3367, WWW.CriminalAndMilitaryDefenseHawaii.Com,

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