I was in a car accident, don't even remember it, only being taken to the ER. I had two beers two hours earlier. While at the ER the police read me my rights but did not arrest me. They told me of informed consent and asked for a blood test. I requested to confer with a lawyer several times as I had some confidential questions to ask before submitting my blood, but was refused. I never refused my blood. I also believe I had a concussion so I wanted an advocate there for me as I was lucid, but my information processing skills were not sharp. I have read that you have 20-30 minutes to contact a lawyer after being read informed consent., and I was wondering if that is true and if I should have been given a lawyer. I was mirandized. I gave them my blood anyway but was concerned with the process
The third district court of appeals has ruled that a person does not have a right to an attorney prior to deciding whether or not to take a requested test. There is no 20-30 minute rule. In cases of serious bodily injury or death, the officer's can forcibly extract your blood. In cases where you are not conscious or not lucid enough to answer their question, they can take your blood since you agreed to give it when you got your license (hence the name implied consent). Each case is factually different and you should discuss your with a local attorney. Good Luck
I agree with Mr. Katz. I add only that it turns out to be a good thing the blood was drawn and you were not deemed to have "refused" to allow the sample to be taken. Two beers two hours before will result in a blood alcohol level in the range where there is a statutory presumption of non-impairment.
There is a 20 minute observation period prior to taking a breath test. However, in my 19 years of criminal practice I have never heard of 20-30 minutes to request a lawyer.
Have you been arrested? Did you give consent to have your blood drawn? Do you know if there were any injuries to anyone as a result of the accident? If so, what type or degree of injury?
Answers to these questions will help me evaluate your situation.
Call me and I would be happy to discuss the situation with you.
You do not have any right to an attorney at that point. It doesn't make a lot of sense but that is the rules we play by. Blood draw cases without serious bodily injury or death can be complicated for the state. You need a DUI attorney in your area. Blood results can be higher than breath, alcohol might be used to sanitize the site (an alcohol swab is approximately 1000 times the legal limit at 70-85%), the state has the burden to show the consent was voluntary just to name a few common issues. It sounds like your consent might not have been voluntary.
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