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I have been charged with a DUI with a previous and the possession of weed this is my first offence, wanting to know outcome it
Anonymous4 views3 answers
It been 2 years since my last arrest, this time they pulled me over they said because of failure to signal the cop asked me if i had been drinking i am over 21 so i told him a couple of glasses of wine with a friend not knowing i was alcohol restricted, they got me out of the car and performed field test i was unable to do these correctly so they arrested me and put me in the in back of the cruiser , and they searched my car, and found about 3.5 grams of weed, while i was in the back of the cruiser i saw i lady that was not a cop and i herd police say that she motivated the stop they did not give me a breathalyzer test but when arrived at the police station the drew blood. now i have already had my license suspended for two years. do have any grounds and how to get blood work
You need an attorney in your local area to help you with your specific issues. Even though you have tried to explain your situation it is not extremely clear what stage of the proceedings you are in. It would be best to talk to someone in Utah that does crimal work and see if you can get a consultation on your issue. Other than that I would suggest not posting admissions on a public website like this since this could potentially come back to haunt you if someone was to connect you to this posting.
I agree that you need to speak with an attorney regarding the details of your case in a less public forum. An attorney may be able to find issues with the police stop and investigation that could benefit your case.
In regards to the blood draw, the police have a right to obtain a chemical sample from you to determine if you are under the influence. If you refuse to give a breath sample, they can get a warrant and compel you to give a blood sample.
If you are alcohol restricted then "any amount of alcohol" is a violation. A breathalyzer or blood draw may be unnecessary given your admission to drinking wine with friends, depending of course, on whether the officer asked you when you were drinking. If he did, the officer likely had probably cause to believe "some amount of alcohol" was in your system and to make the arrest. I do not know enough to say whether or not the blood draw will amount to a DUI or impaired driving, but the likely result of the arrest will be a two (2) year revocation of your license by the Drivers License Division. Other fines and certain terms, including an extension to the "restricted driver" probation period will almost certainly apply. Good luck!
