Of course they do not need a test to go to trial on a DUI/DWAI case. You can object to "destruction of evidence" but it is pretty technical argument and you really need a lawyer. If you qualify - have the public defender represent you. if you don't, find a knowledgeabel DUI lawyer to take on that issue for you. It will be worth the money you spend, I suspect. Having a med card won't help with the DUI, nor open container.
Answered on Nov 07th, 2017 at 6:47 AM