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What my options for a DUI if I refused a breathalyzer and was never administered a blood test?
Anonymous5 views7 answers
I swerved off the road and the airbag knocked me out. The police officer found me unconscious at the wheel and when I awoke I refused a breathalyzer and was taken by ambulance to the local hospital where I was never administered a blood test. I was written a ticket for a DUI and I was also given a ticket for getting into the accident. This is my first DUI offense. What are my options here given the information?
You certainly have the right to plead not guilty and contest the DUI citation via trial by judge or jury. You need to consult a local attorney who can enter their appearance, receive discoverable materials from the prosecution, and give you an intelligent representation of the strength of the prosecution's case.
You have many options. The best way to find out what your options are, would be to hire an attorney experienced in handling DUI cases. Good luck to you.
I would certainly consult with an attorney experienced in DUI defense. The prosecution may have some difficulty with the DUI charge without a blood or breath test and no witness to the accident. Do not make any statements to anyone about the cause of the accident. At least in Virginia, and probably in most jurisdictions, the mere happening of an accident does not prove reckless driving.
You have three problems. First you have no lawyer. Second, you face a suspension totally separate from the DUI for the refusal. Finally, you have the basic DUI. Solve the first problem and clarity will appear on the second two. Assuming this is in Jackson county, go see Mike Wepsiec. He will guide you through it.
Sounds like you have a triable case, good caselaw is on your side but you'll need an attorney to do the heavy lifting. So start here, search for someone in your area and hire someone you're comfortable with.
I am not license in your state; however, I suggest you retain an experienced local criminal defense attorney to look into this for you. The attorney can pull the paperwork and review it with you. Click on "find a lawyer" on this website. Most, if not all, will give you a free consultation.
