What if I took a blood test?
I was told that I would be in jail for 48 hours if I didnt take a blood test and only 2 hours if I did. What if the blood test shows above the legal limit? What options do I have then?
2 Answers from Attorneys
Re: What if I took a blood test?
There are many options.
If the test is over .1, then you will get a letter in the mail at the address DMV has for you indicating that your license will be suspended on a specific date unless you request a DMV hearing is to determine whether if the state can prove you drove while intoxicated. Although blood tests are difficult to attack, there are many ways the state can mess this up. Also, there must be good proof you were driving. Testing the second sample may give you the best evidence.
You likely have a court date for a DUI charge in the next few weeks. This date may simply be an advisal of charges or an actual pre-trial date with a DA that will make you an offer to plea guilty, possibly to a reduced charge or a definite sentence. You may have a suppression issue since you were threatened with jail if you did not take the test. There may be other issues in your case. The prosecutor will not volunteer where their case is bad. Often times, they take advantage of an unrepresented defendant.
Please email me so that we can discuss your case in more detail. I will be in trial on a DUI tomorrow, but after that I will have more time for you.
Re: What if I took a blood test?
You should have the second sample tested, so you will know where you stand.