Blood Test Requested
I was stopped because I was in the wrong lane. I was on my way home from work. I was asked for my license & registration, proof of insurance. I gave officer license and asked if he could shine light in car because inside light out so I could find reg & ins. He said he smelled alcohol and had I been drinking. I stated no and he asked me to step out of car. I did so and he proceed to ask me to do roadside test. He then said he wanted me to take a breath test and I immediately said I wanted a blood test. He told the other officer '' We need to notify the hospital'' He continued roadside then cuffed and put me in car. He stated that when he put me in car I said I would do the breath and that is not true. I thought according to the law I could not change my mind so according to portocol he should have immediately taken me to the hospital for the blood test. Am I correct? He admitted in report that I requested Blood but changed my mind but that is not so. Please advise me. Thanks, Lisa
1 Answer from Attorneys
Re: Blood Test Requested
The officer can not change the test and it can be counted as a refusal if you change your mind. However, if he lets you change your mind, the test can come in. It is a question of fact.
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