Legal Question in DUI Law in Colorado

Refusal to take blood test and incorrect paperwork by officer

My wife was just arrested for perceived driving under the influence. While admittedly drinking that evening, when they were to draw blood, my wife wanted a doctor to be present. They took that as a flat refusal, did not inform her of any ramifications of such an act, and filed her paperwork. Does she have many options for justification? Also, on her paperwork, they wrote down the wrong birthdate--is this ample enough of a mistake to have any bargaining room? Thanks for your replies.


Asked on 3/22/04, 10:57 pm

1 Answer from Attorneys

Jim Forslund Law Office of James C. Forslund

Re: Refusal to take blood test and incorrect paperwork by officer

She does not have a right to have her doctor present and the birth date, by itself, would not do much. There are a number of other issues to be investigated.

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Answered on 3/23/04, 7:42 am


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