Do you have to take 2 chemical tests at the police station?

Asked over 2 years ago - Pullman, WA

My son was pulled over for dui, did all the tests. Roadside test was .002, officer said he wasnt blowing good enough. Took to station, blow .008. said to him your on drugs, will you take blood test. he said NO. They got court order, took blood. test came back clean. Son lost liesense for a year for refusal to take chemical test. What can we do?

Attorney answers (3)

  1. Lennard Anthony Nahajski

    Contributor Level 15


    Lawyers agree

    Answered . If he is under arrest for a DUI he is able tor efuse a breath or blod test, but if he refuses, the DOL will suspend his license for one year. If he sends in the driver's hearing request for within 20 days of the date of his arrest, the DOL will schedule a hearing for him to challenge the suspension.

    Your son (or you) needs to consult with an experienced DUI attorney right away to discuss the specifics ofhis situation and all potential defenses. There are always several ways to challenge any DUI prosecution, but the sooner you act, the better.

  2. Jonathan Dichter


    Contributor Level 13


    Lawyers agree

    Answered . Len's advice is sound.

    The reason they took his blood is that if you refuse, they're allowed to get a search warrant for your blood. Sounds like you need a skilled DUI attorney as soon as possible - especially considering the DOL implications.

    Every case is different, and this is not intended to be anything other than helpful information. This in no way... more
  3. Teresa Lynn Border

    Contributor Level 14


    Lawyers agree

    Answered . There are a number of issues raised by your fact pattern. Consult with a criminal defense attorney right away to ensure that any license suspension issues and defenses will be raised.

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