first and only dui
I was driving my scooter and
skidded. I was the only one involved
in the accident. The police came and
took me to the hospital for a blood
test. I was not arrested or offered a
breathalizer. I was sent home and
told that once the results cam back a
warrant would likely be issued
charging me with dui and I would
have to turn myself in at that point.
I was given a ticket for careless
driving. What are my options? What
is likely to happen here? I have
never been in trouble before.
1 Answer from Attorneys
Re: first and only dui
Hello:
What will happen next depends on the blood results. Were you injured in your accident? The last time I researched this for a client, the law stated a police officer could demand a driver take a blood test at a hosp. ONLY if there was a serious injury.
Thus, if you did not incur a serious injury, and they arrest you, you can file a Motion to have the results excluded from a trial. As such, the State would most likely have to drop the case. If you were seriously injured and the blood draw was legal, you still may be able to beat the case. Explaining all angles would require a longer discussion. Basically, if you did not do field tests and the officer did not see impaired driving...and there are no other witnesses, it may not be a strong case for the State. 'Hope this helps. Tomm Rosenblum
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