QUESTION

What is the purpose for a blood test and why can’t I use it in court?

Asked on Dec 26th, 2012 on DUI/DWI - Georgia
More details to this question:
I got a DUI and a refusal, and blow under the legal limit at the scene. But did not blow at the station, but did a blood test, my public defender said that I can have the DUI dropped but cannot use the blood test for the refusal.
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4 ANSWERS

Michael J. Breczinski
You can use it to get the DUI dropped but the issue of the refusal is different. It is whether the cop had probable cause to ask you to take the tests.
Answered on Jan 09th, 2013 at 6:36 PM

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Gary Moore
I believe that your public defender is wrong.
Answered on Jan 04th, 2013 at 7:58 PM

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Drug Charges Attorney serving Houston, TX at Cynthia Henley
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You should discuss this with your lawyer but I believe the lawyer is saying that your license will be suspended under the administrative license hearing because of the refusal regardless of the outcome of the blood test because you refused - period. They are two different issues.
Answered on Jan 04th, 2013 at 2:53 PM

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Rely on your public defender, since s/he is best informed about your case. I'm not sure you heard him or her quite right, but there is probably more to this than meets the eye. Good Luck.
Answered on Jan 04th, 2013 at 2:27 PM

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