QUESTION

What are my rights if the breathalyzer wasn't offered to me and was forced to take blood test?

Asked on Sep 28th, 2016 on DUI/DWI - Wisconsin
More details to this question:
I'm terrified of needles and stated so. Do they have to offer you either or is it at the officer’s discretion? A warrant was issued to get blood done. But I was willing to take a breathalyzer. Now I got screwed and have to pay out my butt for a bunch of stuff I shouldn't be.
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1 ANSWER

Generally, the arresting officer specifies which of the three kinds of tests to be done. You are free to suggest something different, but the officer is not likely to be persuaded. You also have the choice of doing an additional test, but it must be done soon after the first test,, and I think it's at your expense. You are making a big jump, however, in concluding that you 'got screwed,' and have to 'pay out [your] butt.' Are you saying that you were convicted on the basis of an unreliable test? You don't give enough information to be sure why you are connecting a large expense with the officers requiring you to take a blood test which you find unpalatable.
Answered on Oct 20th, 2016 at 6:50 PM

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