DUI Citation given but no charges yet
My son was given a DUI citation the begining of this month in Rocky Ford,CO. He was given a DUI citation at the hospital after his accident in which he called 911 to report his accident and get medical aid to the scene. His citation has his date to appear and the State Tropper who arrived at the hospital and had his blood drawn hours later, then he was allowed to go home with his license. He got his blood test results told to him this week and was told by the State Trooper it was high. Does my son need a defense attorney for his appearance date next month and will he be formally charged then with DUI? This is his first.
1 Answer from Attorneys
Re: DUI Citation given but no charges yet
The citation or summons is the charging document. Your son must appear in court on the date and time indicated or a warrant will issue.
It sounds like the blood may have been drawn more than 2 hours after driving (or that the cop cannot prove when son was driving) and if so, then DMV should not suspend his license immediately, but a lawyer will help make sure this goes the right way.
There may be a way to suppress the blood draw as a violation of HIPAA, as well as the cops other observations.
Get a good DUI attorney. The best are listed at www.NCDD.com
more information at www.jasonsavela-law.com
and www.duiblog.com
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