QUESTION
Am I entitled to know my DWI blood test results before my court date?
Asked on Apr 30th, 2014 on Criminal Law - Michigan
More details to this question:
I was stopped on March 04 2014 and refused the field sobriety test. The officer took me in for a breath test which I refused but I asked for a blood test instead. My blood was drawn and I was released. Two weeks later I received a court date of May 14. Am I entitled to know the blood test results before the court date?
10 ANSWERS
Michael J. Breczinski
You should be able to get that at the court date. You should get a lawyer and fight the matter.
Answered on May 01st, 2014 at 8:47 AM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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In North Carolina, doing what you said you did was not at all a smart thing to do - in fact, there's just no nice way to say it - it was an incredibly stupid decision. Refusing the field sobriety tests is not too much of a big deal but refusing the breath test will suspend your license whether you are found guilty or not. So why in the world would you submit to a blood test, which is usually more accurate than a breath test and usually more accurate not in your favor after already refusing the breath test and having your license suspended? As to the results, you might get that or you might not - there is no right to formal discovery at the District Court level. You very clearly need an attorney before you muck this up anymore.
Answered on May 01st, 2014 at 4:03 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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No. You will be advised of your blood alcohol level at the time of your arraignment, assuming, of course, that the results are in by then.
Answered on Apr 30th, 2014 at 7:52 PM
You probably didn't request a DMV hearing, so you lose by default. Therefore the earliest you can know is on your court date. You should hire a DUI specialist before you make more blunders.
Answered on Apr 30th, 2014 at 7:27 PM
Probate Attorney serving Washington, DC
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Apex Legal Services, PLLC
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Obviously you don't have a lawyer....and you need to get one ASAP!
Answered on Apr 30th, 2014 at 6:04 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I hope you have an attorney and are not trying to do this case on your own.
Answered on Apr 30th, 2014 at 5:44 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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An attorney can obtain your information prior to your court date.
Answered on Apr 30th, 2014 at 5:20 PM
James Edward Smith
No but your attorney is.
Answered on Apr 30th, 2014 at 4:46 PM
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No, the blood test may not even be ready by then. Plead "not guilty" to the charge. You can later change your plea to "guilty" once you get the blood test back. You should also hire a lawyer who can advise you about consequences of various plea deals and help you fight the charge if you so choose.
Answered on Apr 30th, 2014 at 4:37 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Chances are they might not be available yet. Sometimes it can take several months to come back from the State Police lab. You are correct in that you have a right to see all the evidence against via discovery. If you do not get a lawyer then you are entitled to receive all police reports and lab results. I strongly urge you to retain an experience DUI lawyer.
Answered on Apr 30th, 2014 at 4:33 PM