QUESTION
If BAC is under do courts have to go by the blood drawn results regardless if the cops let 3 hours of time pass?
Asked on Oct 16th, 2013 on DUI/DWI - Michigan
More details to this question:
I had 2 drink at club and admitted to it. I was scared and refused both until warrant was received and forced to give blood. Officers took 3 hours from time they arrested me to time I got blood drawn, I have a feeling it will be under but you just never know. If it's under do courts have to go by the blood drawn results regardless if the cops let 3 hours of time pass? I know as time passes your bac level goes down. I'm seriously thinking I'll be fine, but the fact that I refused both tests voluntarily and 3 hrs passed to the time I got my blood drawn that judge can look at those facts and change his mind? I used a blood alcohol calculator online and it assumes I would have been at a .05X with drinking span of 5 hrs to the time I got blood drawn. I'm hoping it's right and also hoping courts have no choice to go by the bac level of my results?
5 ANSWERS
Michael J. Breczinski
The amount is instructive of the amount that you might have had in your system but this is variable based on weight, metabolism, etc. Get a good lawyer.
Answered on Oct 17th, 2013 at 1:59 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You don't talk about the facts of the case. If you were in an accident and someone was injured even you... the law mandates a blood draw. You can't refuse. If the blood test comes in under the legal limit, that does not mean your case will go away, as the DUI statute says " 08 or above, OR driving affected to an appreciable degree" All they have to show is that your driving was impacted. The blood test may also show whether you were under the influence of drugs as well. Of note, it this case does go to trial, your refusal to submit to a breath test can be used as evidence against you. The jury and /or judge can be told that you refused the test. What do you think the jury is going to do with that information?? Also, because you refused the breath test, even if you were to get off on the DUI charge, because of the refusal alone, the Department of Licensing will revoke your license for a minimum of 1 year, with no provision for an occupational work permit. No license means no license. After that, in order to get your license, the DOL may require you to have an interlock on your vehicle, at your expense. This is a machine you have to blow into every time you start your car. If there is any alcohol present, the vehicle won't start. If you think you can get someone else to blow into the machine, that won't work because there are small video cameras in the car.
Answered on Oct 16th, 2013 at 1:32 PM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Oct 16th, 2013 at 11:45 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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BAC should be under if as you say. If over, then probably fermentation in vial. Was the blood taken after you refused all tests? If so, could be charged as refusal. DMV will suspend license for 1year on refusal.
Answered on Oct 16th, 2013 at 11:11 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I hope you have an attorney well versed in the arguments you are seeking to make. Do not attempt this yourself.
Answered on Oct 16th, 2013 at 10:13 AM