QUESTION

What will happen if blood turned out negative for my DUI case?

Asked on Jan 30th, 2014 on DUI/DWI - Michigan
More details to this question:
Anyways I received this DUI charge back in August 2013 and am headed back to court for a seventh time after my last continuance. Anyway, I was headed home from my lunch break when I drank a couple of beers the night before and left the beer bottles in my car. I also had inhalants that were my friend's also called "whippets" in my vehicle in which I had done the night prior. I also had taken my prescription Xanax anxiety medication that morning. I took only 1 mg total or two pills. I cranked up the AC and ate my lunch and then headed back home after receiving a text from my Mom that I got a package in the mail. I was then headed home to check in with my Mom and when I was headed home I realized I was a few minutes late from work so I started speeding down Duncan road and passed two other vehicles and as I was turning into my neighborhood I veered off the road, lost control of the car and struck a tree at 50 mph. I blacked out for a second and felt really light headed and in a daze or shock. But I was conscious and still able to communicate with the officers. I was in a lot of shock and was just agreeing with everything the officer was telling me because I was in complete shock and didn't want to cause further issuses with the officers after totaling my brand new $33,000 car. I had said I smoked cannabis the night prior but it didn't affect my driving. The officer asked me if the whippets affected my driving and I said "Um yeah, yeah definitely." In the police report it was stated that the beer bottles felt cold to the touch and had suds on the top. The Police, Fire Fighters and Ambulance got there. The officer gave me the option of going with him to the station or going to the emergency room for my broken nose. I chose the emergency room. The paramedics pricked my finger and put me in the vehicle.
Report Abuse

7 ANSWERS

Michael J. Breczinski
Well if the tests show that you were not intoxicated then the case should go away.
Answered on Feb 05th, 2014 at 7:58 AM

Report Abuse
Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
Update Your Profile
You need an attorney to file a Motion to Dismiss. Never trust the States Attorney to do the right thing.
Answered on Feb 04th, 2014 at 10:33 AM

Report Abuse
Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
Update Your Profile
Even if the test results come back with a low level of alcohol and or drugs, which it will... .based upon what you have said you will not get a completely negative blood test. You can still be charged, if your driving was affected to an appreciable degree by the consumption of alcohol and or drugs. Sounds like it was.
Answered on Feb 04th, 2014 at 5:29 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Appleton, WI at Sisson & Kachinsky Law Offices
Update Your Profile
Perhaps prosecutor will dismiss charges.
Answered on Feb 04th, 2014 at 5:29 AM

Report Abuse
Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
Update Your Profile
If your blood was "negative" how are you being prosecuted for DUI? The blood either had drugs/alcohol or did not, if the blood didn't have any drugs/alcohol then you should be able to win despite speeding down Duncan Road and crashing your car, if your blood tested positive for drugs/alcohol then you need a lawyer to help you fight any charges that might arise (and, seem to have arisen) from your positive test for drugs/alcohol.
Answered on Feb 04th, 2014 at 5:29 AM

Report Abuse
Alcoholic Beverages Attorney serving Troy, MI at Law Office of John Freeman
Update Your Profile
If the blood is negative, it will depend on whether the police believe there are any other viable charges against you.
Answered on Feb 04th, 2014 at 5:28 AM

Report Abuse
Hire a DUI specialist and get it dismissed. You were duped into waiving your right to a speedy trial. If you had been represented by a competent attorney it would have been dismissed long ago.
Answered on Feb 04th, 2014 at 5:28 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters