QUESTION
If I was charged with a DUI and I asked for a test and the officers would not give me one, what can I do?
Asked on Jun 02nd, 2013 on DUI/DWI - Michigan
8 ANSWERS
Michael J. Breczinski
Well tell your attorney and that person can file a motion to dismiss since you were unable to gather evidence.
Answered on Jun 06th, 2013 at 9:41 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
To be clear, you were arrested for a DUI, but the officers never gave you the option of doing a blood test (assuming they were arresting you for a drug dui), or a blood or breath test if cop suspected alcohol? Are they charging you with a refusal? If so, did they offer the test(s), but you initially refused? Whatever the case is, what you can do is contact a DUI attorney or two in your area to discuss your situation and what happened leading up to the arrest in more detail. If your case is in southern california, you can contact me through 1duilawyer.com . If they are not charging you with a refusal, and they don't have any test evidence, you are in a good situation to defend this DUI.
Answered on Jun 04th, 2013 at 12:33 AM
Criminal Defense Attorney serving Chicago, IL
at
Law Office of Andrew Gable
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They may have a difficult time proving you were intoxicated if you did not take a breath test. You should be aware, however, that the police may say that you refused the test. Give me a call if you want a free consultation.
Answered on Jun 04th, 2013 at 12:33 AM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jun 04th, 2013 at 12:32 AM
Auto Accidents Attorney serving St. Paul, MN
at
Arechigo & Stokka, P.A.
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If you mean you asked for an additional test of your own choosing after submitting to the implied consent testing procedure, then the police may have unlawfully interfered with your right to obtain an independent test. Contact an experienced DUI attorney for a more careful case review.
Answered on Jun 04th, 2013 at 12:32 AM
William A. Siebert
Depends on whether you took the test the officers offered you; you only have a right to your own test if you do.
Answered on Jun 04th, 2013 at 12:32 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Get an attorney ad defend yourself. You may be able to use the facts presented as part of your defense.
Answered on Jun 04th, 2013 at 12:31 AM
2 Awards
Retain a local DUI attorney to fight the charges. This is a situation where you need professional representation - unless you just want to take whatever the DA is willing to give you, hire a DUI attorney to defend you and he/she will be able to tell you if the officer acted outside of the law.
Answered on Jun 04th, 2013 at 12:31 AM