no breathalyzer or blood test
My son totalled his truck last weekend, saying he fell asleep at the wheel. The police pulled him out of the truck (injured) and gave him roadside sobriety tests and then had him taken to the hospital. He had a concussion and basically whiplash symtoms but no broken bones. As far as I know there were no breathalyzer or blood tests administered. They did not later take him to the Police Station or jail, but did charge him with OVI-Standard per a ticket. How can they charge and how can he defend. Thanks and I love this website.
1 Answer from Attorneys
Re: no breathalyzer or blood test
Are you sure that they didn't draw blood at the hospital? Sometimes that can happen. Also, a person can be cited for impaired driving even though they may not be over the legal BAC limit.