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Will a DUI blood test for BAC test for drugs also? I believe something was put into my drink causing my "DUI"
Over the weekend I got a dui...never got into trouble with the law in my life. Over the course of the night (6 hours) I was casually drinking beer but nothing that would cause me to black out. The last about 2.5 hours of the night are blank to me and I ended up getting picked up for a DUI in an area I never drive in. I was not given a breathalizer, but rather a blood test back at the station. These results won't be available for another 3 weeks. I'm just wondering, will any kind of "drugs" that may have been put in my drink show up on the blood test or do I need to request that they test for it? I'm assuming I should get a lawyer? This is all new to me. I was charged with an extreme dui but I don't see how that is possible at all considering the amount I had to drink.
The State may or may not test your blood for the presence of other drugs, but the good news is that the State is...
I was arrested for DUI, I requested a lawyer to be present before I would answer any questions or perform any tests. They got a warrant, and drew my blood after 3 hours. I know that this blood test can possibly be suppressed due to the time period and lack of drinking/eating history. My main concern is with the MVD hearing. I know that I will receive a bare minimum 90 day suspension. I will also be restricted and will have a breathalyzer for 9 months after that. Aside from the arresting officer not showing up, is there any other possibilities to have this reduced. Not only do I drive quite a bit for work, but I also travel out of state which requires a rental car. If my criminal case is dismissed, or I plead to a lesser charge. Will I still be restricted and have a breathalyzer?
Probably. The DMV is completely separate from your criminal battle. That means the mvd will determine whether you...
Is getting a ignition interlock device for a non alcohol related crime considered an "unusual punishment" or anything like that?
Interlock devices do not detect any kind of vapors other than from alcohol. There has been documented evidence that even hair spray or cologne can set the device off. This is certainly a questionable punishment. I was convicted of a non alcohol related DUI back in June '12 and have followed all necessary guidelines to receive my license back. It's not posted on my driving record (just an affidavit, suspension & restrictions). Since then, I have been able to drive freely.
I'm not really sure what your question is. Would an 8th Amendment (cruel and unusual punishment) challenge to the...
I was given FSTs on a traffic stop for over an hour, same tests 5 or 6 times. On about the 3rd round, I realized he was going to keep doing them till I screwed something up. I told him I wanted to call my attorney and needed my cell phone (it was in the car). He told me I have to give a blood sample and can call afterwards from the station. I wasn't allowed to call ANYONE until after they jammed me with needles and I was officially released. When do I have a right to speak to an attorney? When he put me in the car to go to the police station, he read me my rights, which includes speaking with attorney, but how can I do that with no phone in cuffs? Do I have grounds for a motion because I was denied council? Thanks
Generally, you have the right to speak to an attorney after the booking process. The USSC has said that you have the...
Does this mean that blood draws that were issued without warrants can all be challenged? How will the courts determine whether or not a suspect "consented?" You really aren't given the option to refuse unless you want to take on cops in a physical fight.
There are challenges that may be raised concerning all blood draws, even those where there was consent. McNeely...
this is my 1st offence
It depends on the circumstances of the case. There is a lot being asked in that question. Rather than guess, I'd...
Cop did FSTs for over an hour. Each test 5-6 times. Told me I had to give blood sample then he would release me. I said No Way, and he said, "you don't have a choice, it's my choice." I asked for urine or breath and he denied my request and said he gets to decide and it's blood. I hate needles. So I let them, and didn't put up a big fight. I am a 130 lb female, there were 3 big cops. Would be stupid to fight, but did I consent because I didn't fight back? So what constitutes "consent?"
You have asked a similar question, and the answer is not going to change. You need to sit down with an attorney to...
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