If you were so inebriated that you were not competent to decide, or were too wasted to be able to do the breathalyzer, or you were involved in an accident, blood draw is generally done. Your attorney can argue about it in court. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you do not win the appeal, you can still apply later for a restricted license for to/from work and school, etc., after serving at least ? of the full suspension period. If you don't know how to do these things effectively, then hire an attorney that does. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I?ll be happy to help fight the criminal charges and get the best outcome possible, using whatever defenses there may be.
Answered on Aug 16th, 2012 at 2:41 PM