Charged with dui no breathilyzer test given was not in car and blood test came back clean

Asked over 4 years ago - Kingsport, TN

a friend of mine was arrested for dui 4th. she was not drinking. she was not driving, car was in parking lot, officer arrested her on her behaviour, she is bi-polar was not on meds. bllod test came back clean with nothing in system, she is going for pelimminart hearing on monday

Attorney answers (4)

  1. Andrea D Hayduk

    Contributor Level 6

    Answered . She should hire a good lawyer to ensure that her rights are protected and the case is properly defended. They will likely have a hard time proving DUI if breath and blood are clean, but I have seen officers try to argue that she was impaired by a drug that the blood test does not screen for. I think that is a bogus argument, but again I've seen it happen.

  2. Jason Wade Barnette

    Contributor Level 14

    Answered . Unfortunately, she can be convicted upon the officer's testimony alone. More regrettably, if a pre-lim is on the docket for Monday, that implies that the DA's office is actually going to push this.

    She needs to retain a skilled DUI attorney that can get this thrown out for lack of probable cause. If it isn't, her case will be bound over to the Grand Jury wherein she will be indicted. Then, it goes to Circuit Court.

    Jason Barnette
    Barnette Law Offices, LLC
    1800 Hayes Street: Suite 122
    Nashville, TN 37203
    Ph: 615-585-2245
    Fax: 615-250-8787
    http://www.barnettelawoffices.com

  3. James C Forslund

    Contributor Level 19

    Answered . This sounds very defensible. She should get a local defense attorney.

  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . Tell your friend to hire an attorney immediately. The responses given by the other attorneys is correct.

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