DUI- Refused breathalyzer & request a blood test; was not given blood test. First court hearing scheduled Aug 2012. Options?

Asked about 2 years ago - Madison, AL

Accident. No one hurt. No one else involved. What are my options

Attorney answers (4)

  1. Gregory F. Yaghmai

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . There are several questions that need to be answered before being able to properly analyze your case. You defintely need to hire an experienced DUI defense attorney. A DUI conviction will adversely effect you in both the short and long term on so many different levels.

    Nothing in this answer should be construed as a legal opinion. It is solely based on the general information... more
  2. Jeffrey Leonard Goodgame

    Contributor Level 6

    3

    Lawyers agree

    Answered . You should definitely consult a lawyer. Generally, when there is no breath alcohol analysis, then there is less evidence to prove that you were driving under the influence. You are also facing suspension of your driver's license. A skilled attorney can defend you against the DUI and the license suspension.

    Mr. Goodgame can be reached during normal business hours at (205) 414-7404
  3. Patrick Mahaney

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . Under Alabama law, if you refused to submit to the state's breath test, the police have no obligation to assist you in obtaining a blood test. This is the decision in the well-known Yelverton case (Ex parte Yelverton v. City of Dothan). Under that decision, the motorist must first submit to the state's breath test before being taken to a hospital or other location to obtain a private blood test.

    Your refusal to submit to a breath test will result (probably result) in the state of Alabama issuing a driver license suspension order under the state's Implied Consent Law. See, Code of Alabama, 1975, section 32-5-192. This suspension order is separate and distinct from any other suspension order if you are later convicted of DUI.

    Your best option is to seek the profesional services of a criminal defense attorney and especially one who concentrates their practice in DUI defense. The best way to find such an attorney is to consult the listings of the National College for DUI Defense at: www.ncdd.com.

  4. Randy William Ferguson

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You should hire an attorney as soon as possible. Is it in Madison, Huntsville or Madison County District Court? They will not take you for blood test if you refuse breath test. Any witnesses see you driving?

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more

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