QUESTION
If you ask for a blood test at a DUI stop and are denied what can you do?
Asked on Dec 23rd, 2012 on DUI/DWI - California
More details to this question:
Driving having maybe 2 beers before leaving friends house for the holiday season. Traveling and police noticed car head light was out and pulled me over for that. He thought after seeing me I was drinking and driving. He had me do the sobriety test. however due to a injured back I explained I could not walk the line straight at any time. I asked to have the blood test done he denied me the right informing me that it was only the breathalyzer I could have I blew .1 over the limit and he arrested me. Being taken to the hospital I asked again for the blood test and was denied with the statement they don't allow that. What are my rights? I am a truck driver and I have never been in trouble and I am always careful not to drink and drive but unfortunately I made one mistake and now my business will be shut down. I knew I wasn't drunk and fully able to judge and my friends and family wouldn't have let me leave if they felt different either.I was treated poorly and lied to by the police and the hospital. I have court on Jan 7th and would like to know my rights before I enter the court room can you help please.
9 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If you are charged with DUI and not DWI, then you have NO right to any type of test and it sounds like you are guilty. Texas law provides that anyone under the age of 21 cannot drive if they have ANY alcohol in their system. You need to hire a lawyer.
Answered on Jan 04th, 2013 at 3:26 PM
Michael J. Breczinski
In most areas if you take your test then they have to afford you the righto take a different test like a blood test. This matter may be defendable. Get a lawyer.
Answered on Jan 04th, 2013 at 5:03 AM
I would highly recommend that you enter a Not Guilty plea on these charges. You may want to contact an experienced and affordable OVI attorney to assist you with this case.
Answered on Jan 04th, 2013 at 4:27 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 04th, 2013 at 4:08 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You should have been given a blood test once you refused the breath test.
Answered on Jan 04th, 2013 at 4:08 AM
Gary Moore
You have the right to do your own test. The question is what obligation of the police to assist with your request.
Answered on Jan 04th, 2013 at 4:01 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First of all, when it is a question of your losng your livelihood, you really should find an experienced lawyer as soon as possible. This is too important risk. The last time I looked, a person arrested for OWI had a right to a second test (at his own expense), either a blood test or a urine test. So you may have been denied your rights.
Answered on Jan 04th, 2013 at 3:36 AM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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When did this happen? If you have court on the 7th, then your license is probably suspended and now there is nothing you can do about it. If you requested a DMV hearing, you may be safe for now. If you did not, I'm 99% sure your license is suspended if your BAC was what you indicate. Unfortunately, that may have been your undoing. No matter what happens in court, that suspension will remain in effect. Unless you take your case to trial and win an acquittal. You should not try to handle this on your own. Look for a qualified DUI attorney to help. It will give you the best chance possible. If you try on your own, I can promise you won't get anywhere. There are many potential defenses that a DUI attorney can use. If you don't know how to use them, simply knowing of them won't do anything for you.
Answered on Dec 31st, 2012 at 2:34 PM
You need to hire a DUI specialist, because they gave you misinformation. You are in fact entitled to a blood test if you so choose. Given that you probably have a commercial license, time is of the essence, because you have only 10 days to save it.
Answered on Dec 31st, 2012 at 2:29 PM