i got a dui in mo and i live in ill i refused to blow and they never took my blood can i get this threw out
2 Answers from Attorneys
After an attorney has interviewed you, interviewed any witnesses, and reviewed the police report and other eveidence in the case the attorney may be able to advise you whether the charge may be sucessfully defended. The facts that you did not blow and there was no blood sample do not automatically win the case for you. You definitely need to hire an attorney.
In Missouri, a person can be convicted of DUI if there are sufficient indicia of intoxication so that a reasonable fact finder can find beyond a reasonable doubt the defendant was operating a motor vehicle in an impaired condition. Indicia of intoxication include bloodshot eyes, odor of alcohol, swaying, slurred speach, admission of drinking, vomiting, etc. You are in a stronger position if the police did not get a blood, urine or breath sample, but you are not home free. Feel free to contact me if you want to discuss this further.
Sean Santoro/Licensed in KS and MO