My 20 year old son was stopped for speeding (ten over), blew .02 and was arrested for DUI. Blood test came back negative for alcohol. Letter with court date has charges being driving under the influence of drugs and speeding. I called to get blood results and was told he was negative for alcohol. He says he's never touched any kind of drugs. Are we allowed to get his blood work results before court without having a lawyer? Can he still be charged with DUI alcohol even with the blood work being negative alcohol?
Yes, he absolutely needs an attorney. Find someone who knows DUI law well. The legal limit is 2/100, but the blood test is generally considered to be more reliable than the breath test.
Hire a DUI lawyer for him. It sounds like this may be a close case and as such may be defensible. Yes, he can still be charged, but that doesn't mean they will be successful in getting a conviction. Hope that's helpful.
Yes. For more information check out my article and video for defending under 21 drivers charged with a DUI.
http://www.bvslawfirm.com/library/defending-a-dui-for-a-driver-under-the-age-of-21.cfm
Yes your son needs a lawyer. DUI law is complicated and the rules of evidence apply. Your son seems to have some arguments to be made. He needs to not speak with anyone other than a criminal defense attorney about the case.
Yes. You definitely need a lawyer to help fight this case. The prosecution is going to claim the alcohol dissipated in the time between the breath test, and blood test.
As a former DUI prosecutor, I recommend he hire a lawyer such as myself who specializes in DUI defense. They can still prosecute him for DUI and underage alcohol consumption. But he has a good defense.
