Found an issue on this page? Let us know and we will look into it as soon as possible.
Drank from 10pm until 2:30am-pulled over at 3:00am. I refused a breathalyzer test but forced blood test. Chance? See details..
Anonymous2 views4 answers
I refused blood test but it was forced and administered by an officer at the jail. I was going to "walk the line" but I had on short sleeves (jacket in the car) in freezing temps, I had been crying during and before being pulled over, and I have adhd. The cop kept asking me to be still and I couldn't because I was cold, upset, and ADHD. Once at jail they administered the blood test after I refused and informed them i wanted to speak to an attorney before submitting to a chemical test. I was charged with DUI, informed consent law for refusing breathalyzer, financial responsibility-I have insurance and my card I just couldn't find it in sufficient time to make the cop happy, speeding 38 in 15, and resisting for refusing to get out of the car unless I was being charged. Do I have a chance????
You need to consult with a defense attorney. How your case will be resolved is dependent on the specific facts and only after a comprehensive review of your case will an attorney be able to advise you on likely outcomes.
You must have a prior DUI for them to force a blood draw. That will require a skilled DUI attorey to deal with the GS testing of the blood. Be prepared to have to fight hard ot win.
Jason Wade BarnetteDebt Settlement AttorneyNashville, TN ·
I take it you were charged with DUI 2nd? You can only be forced to give a blood draw if you have a prior DUI conviction within the past 10 years. The results of the blood test would be hard to suppress "if" you do have one DUI conviction because the law allows an officer to force a blood draw.
It doesn't look good presuming I am correct, but you need an attorney even if I'm not.
Whether you have a chance to beat some or all of these charges is going to depend a lot on additional details that have not been provided in this post. With that said, I would avoid posting any further details concerning your case on this board because the post is publicly available and could potentially be used by the District Attorney in your prosecution. The bottom line is that you should avoid talking about the facts of your case with anyone other than your attorney.
There are many potential defenses in DUI cases depending upon the circumstances. First, the officers need to have reasonable suspicion that you have violated a law or traffic ordinance in order to stop you in the first place. If the officer did not have a legal basis to stop you, then any evidence resulting from the illegal stop may be suppressed by the Court, resulting in a dismissal of the charges. Second, although officers can now seek a warrant to withdraw blood against your wishes, they have to have probable cause in order to seek such a warrant. If the officers did not have sufficient probable cause to seek a blood test or if there are defects in the warrant, the results of the blood test may end up being suppressed, making the prosecution's case harder to prove. There are many other potential defenses that are simply too numerous to spell out in detail here.
The bottom line is that you need to hire a DUI defense attorney to represent you as soon as possible. If you would like to call my office at (865) 546-0011, I would be happy to provide you with a free telephone consultation.
